Preparing for Court in the High Court

If you have a case in the High Court, understanding the process is crucial. This guide outlines the key steps to help you prepare, meet legal deadlines, and navigate court procedures with confidence.

  1. Starting a case

    To start a High Court case, you need to issue formal legal documents. This process involves:

    • Choosing the correct type of summons – Different cases require different summons types (e.g., plenary, summary, special summons).
    • Filing proceedings – Submit the summons and supporting documents to the High Court Central Office.
    • Serving the other party – You must deliver the documents to the opposing party in a legally valid way.
  2. Responding to a case

    If you are served with legal proceedings, you must respond within the required timeframe. This may include:

    • Entering an appearance – Notifying the court and the plaintiff that you intend to defend the case.
    • Filing a defence – Submitting a written response outlining your position.
    • Counterclaims – If necessary, filing a counterclaim against the plaintiff.
  3. Pre-trial preparations

    Before the trial, both sides must exchange key documents and complete legal requirements:

    • Exchange of documents – Parties must share evidence and witness statements.
    • Filing affidavits – Sworn written statements used as evidence in court.
    • Notices of motion – Applications to the court requesting orders before trial.
  4. Scheduling the hearing

    Once pre-trial steps are complete, you must formally request a trial date:

    • Setting a case down for trial – Submitting a notice of trial and required documents to the High Court Central Office.
    • Paying court fees – A stamp duty fee applies (€250 for most cases).
    • Case management – The court may schedule a pre- trial review to ensure all requirements are met.
  5. Additional considerations

    Self-representation

    If you are representing yourself, court staff can provide procedural guidance but cannot offer legal advice. Consider seeking professional legal help.

    Understanding court procedures

    The High Court follows strict procedural rules. Reviewing the Rules of the Superior Courts can help you prepare.

    Checking court dates

    You can check scheduled hearings through the Legal Diary or High Court Search.

    McKenzie friends

    Self-represented litigants may have a McKenzie Friend (a non- lawyer providing support), but they cannot act as an advocate or conduct litigation.

    Access to court files

    Court files are not publicly accessible. Parties involved in a case may request documents by paying a prescribed fee.

    Judges and court conduct

    Judges are impartial and do not correspond privately about cases. Any concerns must be raised during hearings.

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