High Court Summons The Rules of the Superior Courts specify the procedures for the commencement of litigation. In broad terms, proceedings are commenced by a summons, petition or originating motion. Most substantial proceedings are initiated by a summons. The summons is the successor of the writs that existed for many centuries prior to Irish Independence. The summons is issued by the Central Office in the […]
Issue of Summons A Summons must be issued from the court offices. A number of draft copies are brought to the Central Office and filed. One is sealed with the High Court seal and details of the record number. Copies are issued for service. There are different codes in the record numbers depending on the type of summons. Sealing of the summons stops the time […]
Service Service of any summons on the defendant shall, except in the cases specified, be effected: by personal service upon the person to be served, by personal service upon another person referred to below on behalf of the person to be served, or by the sending of a copy of the summons by registered prepaid post in an envelope addressed to the person to be […]
EU Service Regulation European Union legislation allows service within the European Union through a special mechanism. The Service Regulation complements the Judgment Regulation. In addition, the Hague convention of service of proceedings in civil and commercial matter may also apply. The European Union Regulations applies to civil and commercial matters. Each state must designate a transmitting agency and receiving agency and a central body to […]
Hague Convention on Service The Hague Convention makes provision for service abroad of judicial and like documents in civil and commercial matters. A wider category of countries is party to the Hague Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters. These include Denmark, most of the EU countries, the USA, Switzerland, Turkey, Ukraine, Russia, Mexico, Israel, Kuwait, Canada, Argentina. […]
State outside of the EU and the signatory countries to the Hague Convention are subject to the older rules. Personal service is required where reasonably practicable. Substituted service may be granted by order. The courts may authorize service to be made by such method as they may specify where they are satisfied that personal service is not practicable. Service Outside Jurisdiction (Non-EU) Formerly, it was […]
Appearance The entry of appearance brings the defendant into the proceedings The failure to enter an appearance means that there may be a judgment against the defendant by default. An entry of appearance to a summons must be made within eight days of service of the summons.A longer time is allowed for an appearance in the case of services outside the jurisdiction. Where an order […]
Parties to litigation. The Rules of the Superior Court, Order 15 set out the general rules in relation to the proper parties to litigation. The parties to litigation are usually the persons with an interest in the subject matter. It is vitally important that the proper parties are made party to litigation. Generally, it is not possible to litigate on someone else\’s behalf. There exists […]
Joining a Third Party The rules of court provide a procedure by which a defendant may join another party to the action as a third party. This may be done where the defendant claims against the third party, that he is entitled to either a contribution towards damages to the claimant or to a complete indemnity. It may also arise where he is entitled to […]
Third Party Notice Where a defendant in an action claims as against a person who was not a party to the action that he is entitled to contribution or indemnity or that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant […]