Find out what you need to do from starting a case to getting a hearing date in the High Court.
- Initiating proceedings
- Defending a case
- Exchange of documents before the case is ready for trial
- Filing a High Court affidavit
- Getting a date for hearing: setting a case down for trial
- Guidelines for persons representing themselves in the High Court
Taking a case in the High Court
Under Article 34.3.1 of the Irish Constitution, you are entitled to issue proceedings in the High Court to litigate any issue of law or fact whether criminal or civil.
However, as the Circuit and District Courts have local and limited jurisdiction, if you proceed in the High Court and the amount awarded to you by the judge is less than the Circuit Court limit which is €75,000 (€60,000 for personal injury cases) or the District Court limit which is €15,000 you could be penalised by the High Court for the extra costs incurred by not taking your case in the lower court.
You should also be aware that the costs of proceedings are usually awarded to the party that succeeds in the case against the other party(ies).
The practice and procedure of the High Court is regulated mainly by the Rules of the Superior Courts and by Practice Directions issued by the President of the High Court.
The Rules set out how proceedings are started and specify the documents that must be filed, the content of those documents and how they are to be served. The Rules also provide detailed guidance on pre-trial matters such as interim relief, discovery and inspections. These procedures aim to ensure that cases are processed through the system efficiently.
The High Court sits in Dublin to hear original actions. It also hears personal injury and fatal injury actions in several provincial locations (Cork, Galway, Limerick, Waterford, Sligo, Dundalk, Kilkenny and Ennis) at specified times during the year (Court Calendar). In addition, the High Court sits in provincial venues to hear appeals from the Circuit Court in civil and family law matters.
The Central Office
High Court proceedings are issued (initiated) in the Central Office of the High Court which is located in the Four Courts in Dublin. Documents can be filed in person, by post, through a document exchange service (DX), or by depositing them in a box provided at the office.
Proceedings in the following types of cases are not issued in the Central Office, but in the relevant High Court offices as listed below:
- Probate motions – dealt with by the Probate Office.
- Wardship petitions and motions – dealt with by the Office of Wards of Court.
- Bankruptcy summonses and motions – dealt with by the Office of the Examiner of the High Court.
You may issue various types of proceedings in the Central Office, using one of the originating documents listed:
Plenary summons
Type of case / action
You are obliged to institute proceedings in the High Court by issuing a plenary summons except where provided for or authorised elsewhere in the Rules of the Superior Courts (Order 1 Rule 6).
Summary summons
Rules of the Superior Courts (Order 2)
Type of case / action
1. Actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
(a) upon a contract, express or implied (as, for instance on a bill of exchange, promissory note, or cheque, or other simple contract debt); or
(b) on a bond or contract under seal for payment of a liquidated amount of money; or
(c) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(d) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or
(e) on a trust.
2. Actions where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits:
(a) against a tenant whose term has expired or has been duly determined by notice to quit; or
(b) for non-payment of rent.
3. Claims in which the plaintiff in the first instance desires to have an account taken.
Special summons
Rules of the Superior Courts (Order 3)
Type of case / action
- The administration of the real or personal estate of a deceased person, or the administration of the trust of any deed or instrument save where there is a charge of wilful default or breach of trust.
- The determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law of a deceased person, or cestui que trust under the trust of any deed or instrument, or claiming by assignment or otherwise under any such person.
- The payment into court of any money in the hands of executors, administrators or trustees.
- A direction to any executors, administrators or trustees to do or abstain from doing any particular act in their character as such (including the furnishing and vouching of accounts).
- The approval of any sale, purchase, compromise, or other transaction in connection with the administration of any estate or trust.
- The determination of any question arising in the administration of any estate or trust or the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others.
- The determination of any question of construction arising under any deed, will, or other written instrument, and a declaration of the rights of the persons interested.
- The determination, under the Finance Act, 1894, section 14(2), of a dispute as to the proportion of estate duty to be borne by any property or person.
- Any relief under the Settled Land Acts, 1882 to 1890, or the Conveyancing Acts, 1881 to 1911.
- Where no proceeding is pending by reason whereof the infant is a ward of court, applications concerning: (a) sections 12, 16 and 17 of the Infants Property Act, 1830 (as extended to Ireland); section 4 of the Leasing Powers Act for Religious Worship in Ireland, 1855 (as extended), and the Leases for Schools (Ireland) Act, 1881; (b) settlement of any property of an infant on marriage under the Infants Settlements Act, 1855 (as extended); (c) the guardianship, care and maintenance or advancement of any infant.
- The appointment of a trustee or a new trustee with or without a vesting or other consequential order; vesting orders; or orders directing a person to convey.
- The determination of any question under the Vendor and Purchaser Act, 1874, section 9.
- Any relief under the Married Women's Status Act, 1957 section 12.
- Any relief under the Trustee Act, 1893, sections 42 or 44.
- Sale, delivery of possession by a mortgagor, or redemption; reconveyance, or delivery of possession by a mortgagee.
- Any relief in respect of funds lodged in court pursuant to the Lands Clauses Consolidation Act, 1845, section 69.
- An interpleader order.
- Applications re: lodgement, investment, or payment out of court funds where there is no pending proceeding and no other procedure prescribed.
- Applications for the taxation and delivery of bills of costs and for the delivery by any solicitor of deeds, documents and papers where there is no pending proceeding.
- Any other proceeding in which procedure by special summons is required or authorised by the Rules of the Superior Courts.
- Any other proceeding required or authorised by statute to be brought in a summary manner and for which no other procedure is prescribed (e.g. certain Succession Act, 1965 claims).
- Such other matters as the court may think fit to dispose of by special summons.
Personal injury summons
Rules of the Superior Courts (Order 1A)
Type of case / action
The first step in a claim for personal injury is to apply to the Personal Injuries Assessment Board (PIAB). A personal injury summons can only be issued when PIAB provides a certificate releasing the claim (medical negligence claims are treated differently).
Order 1A sets out the information and procedure for issuing a personal injury summons. See Form 1 in Appendix CC for the required format.
Petition
Type of case / action
- Certain applications under the Companies Act 2014.
- Certain applications under the Assurance Companies Act 1909 (as amended) and the Insurance Act 1989 (as amended).
- Applications where a decree of nullity of marriage is sought.
Originating notice of motion
Used where statute or the Rules of the Superior Courts permit an application to commence by originating notice of motion. See the guidance at originating notice of motion.
The type of document you use to begin your High Court case depends on the type of action you are bringing.
You will get a case record number when you issue your proceedings. All subsequent documents that are filed in the case (for example, pleadings, motions, affidavits) must have this number marked on them.
Originating notice of motion
Type of case / action
- An application under section 27 of the Local Government (Planning and Development) Act 1976 seeking an order prohibiting the unauthorised development or use of lands.
- An application for judicial review where leave of the court has been obtained to bring such application.
- Bail applications.
- Applications under certain sections of the Companies Act 2014 (see Order 75 of the Rules of the Superior Courts, as amended).
- Appeals to the High Court pursuant to section 42(1), section 42(2) or section 42(3) of the Freedom of Information Act 1997 (see Order 130 of the Rules of the Superior Courts – S.I. No. 325 of 1998).
- Certain applications under the Solicitors Acts 1954–1990.
Judicial review
Judicial review is a mechanism by which an application can be made to the High Court to challenge the decision-making processes of administrative bodies and lower courts.
The High Court rules applying to judicial review applications are found in Order 84 of the Rules of the Superior Courts.
Types of relief
- Certiorari – quash a decision
- Mandamus – compel the performance of a duty
- Prohibition – prevent action being taken
- Declaration – seek a judge’s declaration on the rights of the parties
- Injunction – prevent an action being taken or compel the taking of an action
Starting a judicial review case
To start a judicial review case you need three documents: a statement of grounds, a verifying affidavit and an ex parte docket. They should all be on A4-size paper. You must file the statement of grounds and the verifying affidavit in the Central Office of the High Court. The ex parte docket is handed to the court registrar when the application is made in court.
The statement of grounds should include:
- Name, address and description of the applicant
- Reliefs sought and the grounds upon which the relief is sought
- Name and registered place of business of the solicitors or, if an applicant in person, the applicant’s address for service
Affidavit
The affidavit should verify the facts in the statement and should comply with the guidelines on affidavits and S.I. No. 310 of 2018.
Ex parte docket
The form of the ex parte docket should comply with High Court Practice Direction No. 59.
Fees
The statement of grounds, verifying affidavit and ex parte docket must each be stamped with the relevant court fee where applicable.
Listing and timing
Applications for leave to apply for judicial review (other than the asylum and strategic infrastructure development matters below) are made on a Monday during legal term. A copy of the papers to support the application must be left in the High Court Central Office by 11:00 on the morning of the application. The applicant then makes an ex parte application to court for leave to apply by way of judicial review.
If leave is granted, the applicant must issue a notice of motion (or a plenary summons, as directed) for the substantive relief sought. A return date for the notice of motion will be given by the Court.
This motion cannot be issued until the order granting leave has been perfected. The motion must be issued within seven days of the perfection date (the date the order is signed by the court registrar), unless the order specifies another time limit. The order may give further directions.
When filing the notice of motion you must present both a copy of the order and the statement of grounds.
Granting leave to apply by way of judicial review does not act as a stay. If a stay is required, it must be applied for explicitly. If a stay is granted but the notice of motion does not issue within the prescribed time, the stay lapses.
Asylum judicial review
See Practice Direction 81 and General Notice (20 February 2020).
Strategic infrastructure developments
All applications for leave to apply for judicial review in respect of permissions or decisions concerning strategic infrastructure developments must be made to the assigned judge each Thursday during term. See Practice Direction HC74 for details.
Appeals from the Circuit Court
An appeal from the Circuit Court is made under Order 61 of the Rules of the Superior Courts. A notice of appeal must be filed within 28 days of the making of the Circuit Court order or judgment. The notice must be served and service indorsed on the back of the notice before it is lodged/filed. You do not need a copy of the Circuit Court order to file the appeal in the High Court.
The notice of appeal must be stamped with the relevant court fee.
Where you file your notice of appeal depends on whether there is oral evidence in the case:
- If there is oral evidence, the appeal is lodged in the Circuit Court Office.
- If there is no oral evidence, the appeal is lodged in the Central Office and the appeal is heard in Dublin.
- If the Circuit Court case was originally heard in Dublin, the appeal is lodged with the High Court Central Office.
Order 61 Rule 3 allows 28 days for the appeal to be served and lodged in the Central Office. If you are serving by post, the appeal must be sent on the 9th day.
The notice of appeal must be served on the other party or their solicitor before filing in the office.
Filing a notice of appeal does not act as a stay on the Circuit Court order. A stay places a hold on the Circuit Court order while you are waiting for the appeal to be heard. The application for a stay on the order must be made in the Circuit Court. If the application is refused, you can appeal this refusal by serving and lodging a notice in the Central Office (Order 61 Rule 6) within four days. This can result in two appeals being lodged, in two locations, from one Circuit Court case.
If you are outside the time limits, you can apply for an extension of time within which to bring the appeal. To do this, you should file a notice of motion and grounding affidavit in the Central Office to apply to the Master of the High Court for an extension of time within which to lodge the appeal. If the extension of time is granted, the notice of appeal along with the order of the Master should be served. The notice should be indorsed and lodged in the relevant court office.
Statutory appeals
A statutory appeal refers to an appeal against a decision of a body which has been set up by statute to exercise particular powers. Statutory appeals are dealt with by Order 84C of the Rules of the Superior Courts.
Common appeals relate to decisions made by:
- Commissioner for Environmental Information
- Financial Services Ombudsman
- Information Commissioner (Freedom of Information)
- Labour Court
- Pensions Ombudsman
- Private Residential Tenancies Board
- Property Registration Authority
- Private Security Appeal Board
Unless otherwise set out in legislation, appeals must be issued no later than 21 days from the date of receipt of the decision. The decision received from the State body may provide the timeframe for an appeal.
An appeal is made by filing an originating notice of motion with a grounding affidavit in the High Court Central Office. The notice of motion and affidavit must be stamped with the relevant court fee.
Once the notice of motion is filed and issued, you will be given a return date (the next date to appear in court). A copy of the notice of motion and affidavit must be served on the respondent (the other party in the proceedings).
Defending a case
To formally notify the plaintiff (the person bringing the case) and the court that you intend to defend the case, you must enter an appearance after a summons is served on you.
An appearance (called a Memorandum of Appearance in general) is a document which must be in the format set out in Order 12 of the Rules of the Superior Courts. If you are not represented by a solicitor, you can send the appearance by post, including copies and a stamped addressed envelope, to the High Court Central Office. For companies, an appearance may only be entered by a solicitor, except with leave of the Court. A conditional appearance may be entered to challenge the jurisdiction (the country where the proceedings are to be heard).
Checklist before filing an appearance
- Have you attached the correct fees?
- Is the appearance in the correct format?
- Have you included three copies of your appearance (two will be returned to you)?
- If filing by post, have you included a self-addressed stamped envelope?
- Have you included the record number of your case in the top right-hand corner (for example,
2014/0000 P)?
You must serve the appearance document on the solicitor for the plaintiff, or on the plaintiff directly if they are not represented by a solicitor. You can serve the appearance by post or in person.
If you are served with a plenary summons, your appearance should request that a statement of claim be sent to you.
Exchange of documents before case is ready for trial
A number of documents are exchanged between the parties before a case can be given a date for hearing. These documents are not filed in the Central Office but must be included with the set of papers for the judge on the day of the hearing.
You may also need to bring applications before the court before the hearing of your case. These applications are issued by way of notice of motion grounded on an affidavit.
If nothing has happened in your case for more than 12 months and you wish to make an application to the Court, you must serve a notice of intention to proceed on the other party and wait one month before filing any further documents.
Exchange of documents before the case is ready for trial
These documents are not filed in the Central Office but must be included with the documents prepared for the judge on the day of the hearing.
You may find it necessary to bring applications before the court before the hearing of your case. These applications are issued by way of a notice of motion grounded on (supported by) an affidavit.
If nothing has happened in your case for more than 12 months, you will need to serve a notice of intention to proceed on the other party and wait one month before filing any further documents.
Filing a High Court affidavit
Affidavits
An affidavit, governed by Order 40 of the Rules of the Superior Courts, is written sworn testimony. It is a statement of fact that allows evidence to be presented to the court. The person who makes the affidavit is the deponent. They aver (state) certain matters and swear or affirm that they are true.
The deponent must confirm that the facts in the affidavit are from their own knowledge. The affidavit cannot set out legal argument, hearsay, or assumptions, except on interlocutory motions, where statements of the deponent’s belief (with the grounds for that belief) may be admitted.
Affidavits should be sworn on a sacred text. If ethical or religious reasons prevent this, the deponent may make an affirmation instead of an oath.
Affidavits are sworn or affirmed before a commissioner for oaths, a solicitor, or another officer who is empowered to administer oaths.
What an affidavit contains
An affidavit usually opens with a paragraph stating the deponent’s name, that they are 18 years or over, and their occupation and address. It then states: “makes oath and says as follows…”.
The jurat (at the end of the affidavit) records the deponent’s name and where and when the affidavit was sworn or affirmed.
Identity requirements for the jurat
The person taking the affidavit must certify in the jurat that either:
- they personally know the deponent, or
- the deponent has been identified to them by someone personally known to them (named in the jurat), who certifies their personal knowledge of the deponent, or
- the deponent’s identity has been established by reference to a relevant document containing a photograph of the deponent before the affidavit was taken (see S.I. No. 487/2012).
Amendments
Any amendments to the affidavit must be initialled by the deponent and the commissioner for oaths who takes the affidavit. Any amendment made after swearing/affirming must also be initialled by both, and a new jurat is required.
Filing an affidavit
Affidavits can be filed by post or in person at the High Court Central Office. Before filing, check:
- The document is stamped with the correct court fee.
- The affidavit is in the correct format.
- If filing by post, a stamped self-addressed envelope is included.
- Two copies are included (these will be returned to you).
- The case record number is on the top right-hand corner (for example:
2014/0000 P). - The title of the case is correctly set out.
- The filing clause is included at the bottom (for example: “Filed on behalf of the plaintiff/defendant, applicant/respondent by …”).
- The jurat is completed correctly.
Do not include exhibits (documents or items referred to in the affidavit) when filing the affidavit in the Central Office.
Getting a date for hearing: setting a case down for trial
To set a case down for trial, you must draft and serve a notice of trial and then file a copy together with a setting down docket at the High Court Central Office. The court rules in relation to trials are in Order 36 of the Rules of the Superior Courts.
You must stamp the setting down docket with the appropriate court stamp duty – currently €250.00.
In chancery and non-jury cases, in addition to the notice of trial and setting down docket, you must file a certificate of readiness. This certificate, signed by counsel, confirms that your case is ready for hearing. It is filed after the notice of trial and the setting down docket, and does not require court stamp duty.
Find more information about High Court lists here.
Guidelines for persons representing themselves in the High Court
It is not the function of Courts Service staff to provide legal advice or guidance in selecting court procedures. Staff can identify forms and explain court practice and procedure, but they cannot:
- Tell you what to say in court
- Tell you what to put in your forms
- Draft or complete your forms
- Recommend solicitors
The Central Office of the High Court
The public office for the High Court is called the Central Office. It is located in the main Four Courts building on Inns Quay, Dublin 7. Opening hours: Monday to Friday, 10:00 a.m. to 4:30 p.m. (no lunch closure).
Procedures in the High Court
To prepare your case for hearing before a judge, a number of documents must be filed. Guidelines are available for common documents filed in the Central Office. See the Rules of the Superior Courts and the Practice Directions for detailed procedures. These are statutory instruments, so you must ensure you follow them.
Courts Service website
You can find:
- Court forms used in the High Court
- Information leaflets
- A dedicated section on family law
Finding information about your case
The High Court Search shows the names of most cases (except private cases such as family and asylum), documents filed, listing dates, and court orders. It does not give access to the contents of documents.
Hearing dates
The Legal Diary lists hearing dates for trials, call-overs, lists to fix dates, and motions. It is updated daily during law terms.
Changes to hearing dates
Hearing dates may change due to adjournments, judge availability, or unforeseen circumstances (for example, severe weather). The Central Office and registrars are not responsible for notifying parties. Updates are published on the Courts Service website; in special circumstances (e.g. severe weather), the homepage carries notices of cancellations.
Documents in civil High Court cases
Before a case can be tried, parties must file and serve various documents containing details of their claim. The Rules of the Superior Courts set out what must be filed for each type of case.
Filing or lodging documents
You can file documents:
- In person at the Central Office
- By post (Central Office, Four Courts, Inns Quay, Dublin 7)
- By deposit box in the Central Office
Documents must be fully completed, signed, dated, and stamped with the correct court fee. Include a self-addressed stamped envelope if posting. Incorrect or incomplete documents are returned with a query sheet.
Fees
Most civil High Court documents require court fees (“stamp duty”), but most family law documents do not. Fees are prescribed by law in the Fees Order and cannot be waived.
If you defend yourself
If you are served with a High Court summons and represent yourself, you must file a memorandum of entry of appearance in the Central Office (see Order 12). Use the prescribed form in Appendix A Part II of the Rules. Serve your appearance on the plaintiff’s solicitor (or the plaintiff directly if they have no solicitor).
Serving a High Court summons
See Order 9. Anyone over 16 can serve a High Court summons.
Documents for use in court
You must serve all required documents and exhibits on the other party, and bring copies for the judge on the hearing day. Courts Service staff do not provide documents in court.
McKenzie friends
Litigants may obtain assistance from a McKenzie friend (MF), but MFs cannot act as advocates or conduct litigation. See Practice Directions 72 and 77.
Access to court files
High Court files are not available for public viewing, including by the parties. Copies of documents can be provided to a solicitor on record or an unrepresented party on payment of the relevant fee (see Practice Direction 86).
Expenses
The Courts Service is not responsible for expenses incurred by anyone attending court or a court office in connection with a case.
Judges
Judges are impartial and independent. They do not correspond with parties. Decisions can only be challenged through court processes, usually by appeal.
Contacting the Central Office
Due to high visitor numbers, phone calls may not be answered at peak times. Use email: [email protected]
Listing of cases
Check listing dates on High Court Search or email [email protected].
Contacting a registrar
- Look up your case on High Court Search and note the registrar’s initials.
- Email the relevant list address with the High Court Record Number in the subject line:
- Non-jury Judicial Review List – [email protected]
- Chancery List – [email protected]
- Commercial List – [email protected]
- Personal Injuries List – [email protected]
- Planning and Environment List – [email protected]
- Common Law List – [email protected]
- Judicial Review Ex Parte List – [email protected]
- High Court Master’s List – [email protected]
3. Include your query in the body of the email.
Useful sources of information
- Citizens Information
- Legal Aid Board
- Money Advice and Budgeting Service (MABS)
- Irish Statutes and Statutory Instruments
This information is for general guidance only. It is not legal advice or a guide to representing yourself in the High Court.
