Civil law glossary
You can find below definitions of frequently used Civil Law terms, that may be helpful for your repossession matter.
For more information on additional definitions, please see our Courts Service Glossary page.
- Affidavit
- A sworn statement setting out the facts and relevant documents as part of a case.
- Appeal
- An action taken by a party to a case who is dissatisfied with a court decision.
- Appearance form
- A document which is used for the respondent (defendant) to acknowledge the claim. It outlines whether the respondent is representing themselves or is being represented by a solicitor.
- Circuit
- A region made up of one or more counties where the Circuit Court sits.
- Civil bill
- A document used to commence a civil case in the Circuit Court. It gives details of the parties to the case and details of the claim being made.
- Claimant
- The person who is making a claim against another person in legal matters.
- Court mentor
- Provides information and support about the repossession and court process. However, they cannot give you legal advice or speak for you in court.
- Court messenger
- Provides support to the County Registrars in their capacity as Sheriffs.
- Court registrar
- Assists the judge with administrative matters and is in charge of court documents and evidence.
- Commissioner for oaths
- A person authorised to witness signatures on some legal documents, particularly affidavits.
- Defence
- A document used by the respondent (defendant) in response to a claim. It needs to be served on the claimant (plaintiff).
- Defendant
- A person who has a claim made against them in legal matters.
- Duty solicitor
- Provides advice to borrowers who do not have a solicitor at court. They may be able to speak for you in court.
- Ex parte application
- A type of court application where only one party needs to be aware of the application and be present in court.
- Endorsement of service
- A signature on a legal document by the server, which includes service details, such as the time, date, method and place of service.
- Execution order
- A document required to enforce a court order/judgment in the Circuit Court.
- Grounding (or supporting) affidavit
- An affidavit that is submitted with, and to support, a court application.
- Issued
- The document is officially accepted as correct and then stamped and signed by a Courts Service staff member.
- Judgment in default
- Judgment granted if a claim is not responded to or defended by a respondent.
- Jurisdiction
- The power of a court to hear a case, and/or the geographical area where a case can be taken.
- Mediated agreement
- An agreement between different parties, which has been assisted by a mediator.
- Notice of motion
- A written application for an order from the court on notice to another party in the case.
- Parties
- A person or group involved in a legal case.
- Peace commissioner
- A person authorised to witness signatures on some legal documents, excluding affidavits.
- Personal insolvency practitioner
- A qualified professional (also known as a PIP) who will advise you and negotiate with your creditors on your behalf.
- Plenary hearing
- A court hearing where all oral and written evidence is heard by a judge.
- Respondent
- The person against whom a claim is being made in legal matters.
- Serve/Serving
- The sending of a copy of a court document in line with the relevant court rules.
- Stay on proceedings
- When the court puts a temporary stop or halt to court proceedings.
- Substitution order
- An order made by a County Registrar or Circuit Court Judge changing the name of one of the parties in a case.
- Substituted service
- An application made to court to serve a legal document in a manner not set out in the relevant court rules.
- Summons server
- A person who specialises in serving legal documents, and who will charge a fee for this service.
- Sworn in
- A formal declaration in the court to tell the truth.
- Sheriff
- The Sheriff has the authority to enforce a repossession judgment on behalf of the financial institution or lender.
