Pleadings Default 22
Rules of the Superior Courts
Default of Appearance
1.[1](1) Where no appearance has been entered, within the time allowed, to a summons or other originating document, for a defendant who is a child, the plaintiff shall, before further proceeding with the action against the said defendant, apply to the Master for an order that some proper person be assigned guardian ad litem of such defendant by whom he or she may appear and defend.
(2) Where no appearance has been entered, within the time allowed, to a summons or other originating document, where the plaintiff is aware or ought to be aware that the defendant is a person who lacks capacity to make the decisions necessary to conduct proceedings, within the meaning of section 3 of the Assisted Decision Making (Capacity) Act 2015, the plaintiff shall, before further proceeding with the action against the said defendant, apply to the Court for directions under Order 15, rule 17.
2.(1) Where any defendant fails to appear to a summons, and the plaintiff wishes to proceed on default of appearance under any of the following rules of this Order or Order 27, rule 13, the plaintiff shall first serve a notice in writing on the defendant confirming his intention to proceed on default of appearance and at the same time consenting to the late entry of appearance within 28 days of the date of the letter.
(2) If no appearance is entered within the said period, the plaintiff shall be at liberty to proceed upon default of appearance under any of the following rules of this Order or Order 27, rule 13 provided that he has filed an affidavit of service of the summons or notice in lieu of service, as the case may be, and of the letter referred to in sub-rule (1).
3. Where any respondent in proceedings commenced by originating notice of motion pursuant to Order 81A, Order 84B or Order 84C fails to enter an appearance to such notice of motion (or, having failed to enter an appearance, has not been heard by leave of the Court in accordance with paragraph (a) of sub-rule (2A) of rule 2 of Order 12), the Court may, on the hearing of the motion, if satisfied as to the service of notice of the motion on that respondent, grant such of the reliefs sought in the notice of motion against such respondent as seem just and proper.
4.(1) Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand, and the defendant fails, or all the defendants, if more than one, fail to appear thereto, the plaintiff may enter final judgment in the Central Office for such sum as is mentioned in the affidavit required by rule 20 not exceeding the sum indorsed on the summons, together with interest (if any) to the date of the judgment and costs.
(2) Notwithstanding sub-rule (1), in proceedings by a moneylender (as defined by the Consumer Credit Act 1995) , or the personal representative or representatives of a moneylender, or an assignee, for the recovery of money lent by the moneylender, or the enforcement of any agreement or security relating to any such money, judgment shall not be entered in default of appearance unless the leave of the Master or the Court as the case may be, has been obtained in accordance with the provisions of rule 16.
(3) Notwithstanding sub-rule (1), in actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Consumer Credit Act 1995) or any contract of guarantee relating to such an agreement, judgment shall not be entered in default of appearance unless the leave of the Master or the Court, as the case may be, has been obtained in accordance with the provisions of rule 17.
5.(1) In any case in which no appearance has been entered in a proceeding for the recovery of land within the time limited for appearance, or if an appearance be entered but the defence be limited to part of or to an undivided share in the land only, the plaintiff shall, subject to the provisions of rule 6, be at liberty, whether claims in respect of mesne profits, arrears of rent, or double rent, or damages for breach of contract, or wrong or injury to the premises claimed, have or have not been indorsed on the summons, to enter judgment in the Central Office that the person whose title is asserted in the summons shall recover possession of the land, or of the part or undivided share thereof to which the defence does not apply.
(2) Such judgment shall not contain any award of costs, but same shall be without prejudice to the plaintiff’s right to have the costs adjudicated by the proper officer, and to proceed by action for recovery of such mesne profits, arrears of rent or double rent, damages, and costs, or any of them. Provided that if the proceeding be for recovery of land for non-payment of rent, no judgment shall be entered under this rule until an affidavit has been filed made by the landlord, his agent, receiver, or clerk, stating that there was at the commencement of the proceeding at least one year’s rent due over and above all just and fair allowances.
6 . In any case in which no appearance has been entered in a proceeding for the recovery of land within the time limited for appearance, or if an appearance be entered but the defence be limited to part of or to an undivided share in the land only, the plaintiff, in lieu of proceeding under rule 5, shall, as to the claim for recovery of such land or such part or undivided share thereof, as the case may be, and the claim (if any) in respect of mesne profits, arrears of rent, or double rent, or damages for breach of contract, or wrong or injury to the premises claimed, be at liberty (in the case of a proceeding commenced by plenary summons) to proceed under rule 7 or (in the case of a proceeding commenced by summary summons) to set the summons down for hearing on such day as the Master may fix, and in such latter case, such judgment may be given, on the hearing of the summons, as the Master, in a case within his jurisdiction, or the Court may consider the plaintiff to be entitled to.
7.(1) In case of default of appearance by any defendant (other than a defendant mentioned in rule 1) to a plenary summons, the plaintiff shall, except in the case of a claim otherwise provided for in any of the preceding rules of this Order, deliver a statement of claim by filing the same in the Central Office and thereupon may apply to the Court by motion on notice to the defendant for judgment in the proceeding in default of appearance, and (if necessary) ascertainment of any damages to which the plaintiff may be entitled, with a jury in case any party is entitled to a jury and requires such, but otherwise without a jury, and in the latter case the Court may fix the amount of such damages itself on evidence by affidavit or otherwise, or may refer the matter to the Master to determine.
(2) Where, in a case to which sub-rule (1) applies, the provisions of any order for substituted service of the summons, or any order under Order 11 granting leave to serve the summons or notice of the summons out of the jurisdiction shall be deemed to apply to service of the notice of motion.
8. In case of default of appearance by any defendant to a personal injuries summons as defined in Order 1A, the plaintiff (without delivering a statement of claim) may apply to the Court by motion for judgment in the action in default of appearance upon filing in the Central Office an affidavit or affidavits of service of the personal injuries summons and an affidavit verifying the contents of the said personal injuries summons.
9. Where a summons is indorsed with a claim for the delivery of specific goods, either alone or with any other claim, and the defendant fails to appear, the plaintiff may, if he requires the specific delivery of such goods, apply to the Court for an order for judgment for the return of the goods detained without giving the defendant the option of retaining such goods upon paying the value thereof and for the ascertainment, in such manner as the Court may direct, of the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered, and, upon the same being so ascertained an order of delivery may issue for the same.
10. Where an originating summons (whether plenary or summary) is indorsed with a claim for a liquidated demand and there are several defendants, of whom one or more appear to the summons, and another or others of them fail to appear, the plaintiff may enter final judgment in accordance with rule 4 against such defendants as have not appeared, and may issue execution upon such judgment, without prejudice to his right to proceed against such of the defendants as have appeared.
11. Where there are several defendants to a plenary summons mentioned in rule 7 and one or more of such defendants appear to such summons, and another or others of them fail to appear, the plaintiff may proceed under rule 7 against the defendant or defendants so failing to appear and the application for judgment thereunder shall be heard and the damages (if any) to which the plaintiff may be entitled ascertained, as against such defendant or defendants, at the same time as the trial of the proceeding or issue therein against the other defendant or defendants, unless the Court shall otherwise direct.
12. Where a plenary summons is indorsed with a claim for a liquidated demand together with another claim or other claims and any defendant fails to appear thereto, the plaintiff may enter final judgment for the liquidated demand, together with interest (if any) and costs as provided in the preceding rules of this Order, against the defendant or defendants failing to appear and may proceed, as to the other claim or claims, as provided in such of the said rules as may be applicable.
13. Where final judgment is entered pursuant to any of the preceding rules of this Order:
(a) the Court shall, where it is satisfied on an application made for that purpose by motion on notice to the plaintiff that there is some irregularity in the proceedings or the process by which such judgment was obtained, set aside such judgment upon such terms, if any, as may be just;
(b) the Court may set aside such judgment notwithstanding that it was obtained in a regular manner and give leave to defend upon such terms as may be just, where it is satisfied by evidence on affidavit by or on behalf of the defendant in an application by motion on notice to the plaintiff that the defendant has a good defence to the plaintiff’s claim and that the interests of justice require that leave to defend should be given;
(c) the Court may, on an application made for that purpose, vary such judgment upon such terms, if any, as may be just.
14. Where an originating summons is indorsed with a claim on any bond, covenant, or agreement within the Common Law Procedure Amendment Act (Ireland) 1853, section 145, and the defendant fails to appear thereto, no statement of claim shall be delivered and the plaintiff may, without any suggestion of breaches, apply by motion to the Court for leave to enter judgment for such sum as may seem just, and on such application the Court may order judgment to be entered accordingly or may direct such inquiry, or trial of issues, as may appear to be necessary for the ascertainment of the plaintiff’s demand, and if the sum ascertained to be due does not amount to the sum mentioned in such bond, covenant, or agreement, the plaintiff, his executors or administrators, may in the event of any subsequent breach, from time to time, apply to the Court, and the Court may thereupon so far as the sum mentioned in such bond, covenant, or agreement, or the remainder thereof, will reach, make such further order or direct such further inquiry or trial to the effect aforesaid, as may be just.
15. In any case in which the plaintiff is not entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, and in which the defendant fails, or all the defendants if more than one, fail to appear, but in which, by reason of payment, satisfaction, abatement of nuisance, or for any other reason, it is unnecessary for the plaintiff to proceed, he may by leave of the Master, to be obtained by motion on notice, enter judgment for costs. Provided that such notice shall be filed and shall be served in the manner in which service of the summons has been effected, or in such other manner as the Master may direct.
16.(1) In proceedings brought by a moneylender or the personal representative or representatives of a moneylender or an assignee for the recovery of money lent by the moneylender or the enforcement of any agreement or security relating to any such money, an application for leave to enter judgment in default of appearance shall be made by motion returnable before the Master not less than four clear days after service of the notice.
(2) Such notice of motion shall not be issued until the time limited for entering an appearance has expired and an affidavit of service of the summons has been filed. The notice of motion may be served personally or by registered post, addressed to the defendant at his last known address.
(3) At the hearing of the application, whether the defendant appears or not, the Master or the Court, as the case may be:
(a) may exercise the powers of the Court under the Consumer Credit Act 1995, and
(b) if satisfied by affidavit or otherwise that the notice of motion has been duly served, may give leave to enter final judgment for the whole or part of the claim, and
(c) as regards any part of the claim as to which leave to enter final judgment is refused, may give any such directions or make any such order as might have been given or made upon the hearing of the summons or of a motion for judgment, as the case might be, if the defendant had entered an appearance, upon such terms as to notice to the defendant and otherwise as may be thought just.
17. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement or any contract of guarantee relating to such an agreement, an application for leave to enter judgment in default of appearance shall be made in the same manner as is prescribed in sub-rules (1) and (2) of rule 16, and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 32 or (as the case may be) section 58 of the Consumer Credit Act 1995, have been complied with.
18. In any case coming before him under any of the preceding rules of this Order, the Master may, in lieu of giving or refusing leave to enter judgment, place the summons in the Court list for hearing.
19. In all proceedings not by the rules of this Order otherwise specially provided for, in case the party served with the summons does not appear within the time limited for appearance, upon the filing by the plaintiff of an affidavit of service and, where appropriate, of a statement of claim, the proceeding may proceed as if such party had appeared, subject, as to actions where an account is claimed, to the provisions of Order 37.
20. Before judgment by default shall be entered for any liquidated demand under this Order an affidavit shall be filed specifying the sum then actually due.
21. If, in any case in which a plaintiff is entitled to enter final judgment in the Central Office under any of the preceding rules of this Order, the plaintiff claims interest on the whole or any part of the sum of money for which he is entitled to enter such judgment between the date on which the cause of action accrued and the date of judgment under section 22 of the Courts Act 1981, the plaintiff may apply to the Court ex parte for an order for judgment inclusive of such interest. The said application shall be supported by an affidavit sworn by the plaintiff or some other person who can positively swear to the facts specifying the sum then actually due and the facts relied on in support of the claim for interest.
22.(1) The plaintiff shall notify the defendant in writing within 28 days from the date any judgment is entered in the Central Office in accordance with this Order.
(2) The plaintiff shall serve on the defendant a copy of any order of the Court granting judgment in default of appearance made in accordance with any provision of this Order within 28 days from the passing and perfection of such order.
[1] Order 13 rule 1 substituted by SI 261 of 2023 effective 15 May 2023.
Default of Pleading
1. If the plaintiff, being bound to deliver a statement of claim, does not deliver the same within the time allowed for that purpose, the defendant may, subject to the provisions of rule 2, at the expiration of that time, apply to the Court to dismiss the action, with costs, for want of prosecution; and on the hearing of such application, the Court shall, where it is satisfied that the plaintiff has been served with notice of the application order the action to be dismissed accordingly, unless the Court is satisfied, for reasons to be recited in the order, that it is necessary in the interests of justice that the time for delivery of the statement of claim should be extended and, where it is so satisfied, the Court shall make an order:
(a) extending the time for delivery of a statement of claim for such period as the Court considers necessary in all of the circumstances, and
(b) providing that, unless the statement of claim is delivered and a copy of such statement of claim is filed in the Central Office within that extended period, the action shall stand dismissed without any further application to the Court and the proper officer may on request at any time thereafter certify such dismissal in writing.
2.(1) No notice of motion to dismiss the action for want of prosecution in actions claiming unliquidated damages in tort or contract may be served, unless the defendant has at least 28 days prior to the service of such notice, written to the plaintiff giving him notice of his intention to serve a notice of motion to dismiss the plaintiff’s claim and at the same time consenting to the late delivery of statement of claim within 28 days of the date of the letter.
(2) If no statement of claim is delivered within the said period the defendant shall be at liberty to serve a notice of motion to dismiss the action, with costs, for want of prosecution.
(3) The notice of motion shall be served on the plaintiff not later than ten days from the date on which it was issued, together with a letter specifically drawing the defendant’s attention to the provisions of sub-rule (4).
(4) If the plaintiff:
(a) delivers a statement of claim to the defendant not later than 21 days after the service of such notice of motion to dismiss for want of prosecution, and
(b) lodges a copy of the statement of claim in the Central Office with a certified copy of the notice of motion attached thereto not later than ten days before the return date, the said motion to dismiss shall not be put in the judges’ list but shall stand struck out and the plaintiff shall pay to the defendant the sum of €750 for his costs of the said motion to dismiss.
3. Subject to the provisions of rules 16 and 17, if the plaintiff’s claim be only for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and the defendant does not within the time allowed for that purpose deliver a defence, the plaintiff may at the expiration of such time enter final judgment in the Central Office for the amount of such debt or liquidated demand, or that the person whose title is asserted in the statement of claim shall recover possession of the land, or for the delivery of the specific goods without giving the defendant the option of retaining such goods upon paying the value thereof, as the case may be, with costs.
4. If the plaintiff’s claim be for a debt or liquidated demand, or for the recovery of land, or for the delivery of specific goods, and also for pecuniary damages or any other relief, and the defendant does not within the time allowed for that purpose deliver a defence, the plaintiff may enter final judgment as in rule 3 provided and may also apply as in rule 9 provided in respect of the said claim for pecuniary damages or other relief.
5. When in any such action as in rules 3 and 4 mentioned there are several defendants, if one of them make default as mentioned in the said rules, the plaintiff may enter final judgment against the defendant so making default, and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants or against the said defendant under rule 4.
6. If the action be for recovery of land for non-payment of rent, no judgment shall be entered under this Order until an affidavit has been filed, made by the landlord, his agent, receiver, or clerk, stating that there was, at the commencement of the action, at last one year’s rent due above all just and fair allowances.
7. In an action for the recovery of a holding or of lands including a holding agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent no judgment shall be entered under this Order until an affidavit has been filed made by the landlord, his agent, receiver, or clerk, verifying the special indorsement on the summons. Such affidavit may be in the Form No 6 in Appendix A, Part 1.
8. In probate actions, if any defendant make default in delivering a defence, the action may proceed, notwithstanding such default.
9.(1) In all actions other than those in the preceding rules of this Order mentioned, if a defendant being bound to deliver a defence, does not do so within the time allowed, the plaintiff may, subject to the provisions of rule 10, set down the action on motion for judgment; and on the hearing of such application the Court shall, where it is satisfied that the defendant has been served with notice of the application, give to the plaintiff such judgment for such specific relief claimed in the statement of claim to which it considers the plaintiff to be entitled, unless the Court is satisfied, for reasons to be recited in the order, that that it is necessary in the interests of justice that the time for delivery of the defence should be extended, in which case the provisions of sub-rule (2) will apply.
(2) Where the Court is satisfied to extend the time for delivery of the defence under sub-rule (1), the Court shall, to the extent possible, determine the specific relief claimed in the statement of claim to which it considers the plaintiff to be entitled in the event of the failure of the defendant to deliver a defence, and shall make an order:
(a) extending the time for delivery of a defence for such period as the Court considers necessary in all of the circumstances and directing the filing of a copy of the defence within that period in the Central Office, and
(b) further providing that, in the event that the defendant fails to deliver and file the defence within that period, the plaintiff shall have liberty to enter judgment (without further order) for the specific relief claimed in the statement of claim to which the Court has found the plaintiff to be entitled as aforesaid.
(3) In any case in which it considers it necessary to do so in order fully to specify the relief to which the plaintiff is entitled under sub-rule (1) or sub-rule (2), the Court may:
(a) direct the holding of any necessary accounts or enquiries or the taking of any other steps which it considers necessary to define more precisely the scope of the judgment to which it considers the plaintiff to be entitled;
(b) direct the assessment of any damages to which the plaintiff may be entitled, to be ascertained by a Judge and a jury, in case any party requires and is entitled to one, but otherwise without a jury, and, if without a jury, either by a Judge or by the Master or by the Examiner, as the Judge may direct, on evidence by affidavit or otherwise.
10.(1) No notice of motion for judgment in default of defence in actions claiming unliquidated damages in tort or contract may be served, unless the plaintiff has at least 28 days prior to the service of such notice, written to the defendant giving him notice of his intention to serve a notice of motion for judgment and at the same time consenting to the late delivery of defence within 28 days of the date of the letter.
(2) If no defence is delivered within the said period the plaintiff shall be at liberty to serve a notice of motion for judgment in default of defence.
(3) The notice of motion shall be served on the defendant not later than ten days from the date on which it was issued, together with a letter specifically drawing the defendant’s attention to the provisions of sub-rule (4).
(4) If the defendant:
(a) delivers a defence to the plaintiff not later than 21 days after the service of such notice of motion for judgment, and
(b) lodges a copy of the defence in the Central Office with a certified copy of the notice of motion attached thereto not later than ten days before the return date,
the said motion for judgment shall not be put in the judges’ list but shall stand struck out and the defendant shall pay to the plaintiff the sum of €750 for his costs of the said motion for judgment.
11. Where, in any such action as mentioned in rule 9, there are several defendants, then, if one of such defendants make such default as aforesaid, the plaintiff may either (if the cause of action is severable) set down the action at once on motion for judgment against the defendant so making default, or may set it down against him at the time when it is entered for trial or set down on motion for judgment against the other defendants.
12. If the plaintiff does not deliver a reply, or any party does not deliver any subsequent pleading, within the period allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and all the material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue.
13. In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in delivering any pleading, the opposite party may apply to the Court for such judgment, if any, as upon the pleadings he may appear to be entitled to, and the Court may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties.
14. Before judgment by default shall be entered for any debt or liquidated demand under this Order, an affidavit shall be filed specifying the sum then actually due.
15.(1) Any order dismissing the plaintiff’s action for want of prosecution, whether under this Order or any other Order of these Rules, may be set aside by the Court upon such terms as to costs or otherwise as the Court may think fit, if the Court is satisfied that at the time of the failure special circumstances (to be recited in the order) existed which explain and justify the failure.
(2) Any judgment by default, whether under this Order or any other Order of these Rules, may be set aside by the Court upon such terms as to costs or otherwise as the Court may think fit, if the Court is satisfied that at the time of the default special circumstances (to be recited in the order) existed which explain and justify the failure, and any necessary consequential order may be made where an action has been set down under rule 9.
16. In proceedings brought by a moneylender or the assignee or legal personal representative of a moneylender for the recovery of money lent by the moneylender or any interest thereon, judgment in default of defence shall not be entered until after the expiration of 12 months from the date of issue of the summons by which the proceedings were instituted unless the leave of the Court shall have been first obtained. An application for such leave may be made by motion on notice served not less than four clear days before the hearing; and the provisions of Order 13, rule 16(2) and (3) shall apply to such application.
17. In actions to recover a debt or liquidated demand arising under a hire-purchase agreement or credit-sale agreement (as defined by the Consumer Credit Act 1995) or any contract of guarantee relating to such an agreement, judgment in default of defence shall not be entered until after the expiration of 12 months from the date of issue of the summons by which the proceedings were instituted unless the leave of the Court shall have been first obtained. An application for such leave may be made by motion on notice served, not less than four clear days before the hearing, personally or by registered post addressed to the defendant at his last known address; and judgment shall not be entered until an affidavit shall have been filed stating that the requirements specified in section 32 or (as the case may be) section 58 of the Consumer Credit Act 1995 have been complied with.
18.(1) The plaintiff shall notify the defendant in writing within 28 days from the date any judgment is entered in the Central Office in accordance with this Order.
(2) The plaintiff shall serve on the defendant a copy of any order of the Court granting judgment in default of defence within 28 days from the passing and perfection of such order.
(3) The defendant shall notify the plaintiff in writing within 28 days from the date on which any action first stands dismissed pursuant to an order made in accordance with rule 1.
(4) The defendant shall serve on the plaintiff a copy of any order of the Court dismissing an action for want of prosecution within 28 days from the passing and perfection of such order.”
Order 27 Rule 9 was substituted by S.I. 454 of 2022
Order 27 Rule 15(2) was substituted by S.I. 454 of 2022
Motion for Judgment and Entry of Judgment
1. Except where by the Acts or by these Rules it is provided that judgment may be obtained in any other manner, the judgment of the Court shall be obtained by motion for judgment.
2. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, the plaintiff, including the plaintiff in a counter-claim, may set down a motion for judgment as soon as such issues or questions have been determined. If he does not set down such a motion, and give notice thereof to the other parties within ten days after his right so to do has arisen, then after the expiration of such ten days any defendant, including the defendant in a counter-claim, may set down a motion for judgment, and give notice thereof to the other parties.
3. Where issues have been ordered to be tried, or issues or questions of fact to be determined in any manner, and some only of such issues or questions of fact have been tried or determined, any party who considers that the result of such trial or determination renders the trial or determination of the others of them unnecessary, or renders it desirable that the trial or determination thereof should be postponed, may apply to the Court for leave to set down a motion for judgment, without waiting for such trial or determination; and the Court may, if satisfied of the expediency thereof, give such leave, upon such terms, if any, as shall appear just, and may give any directions which may appear desirable as to postponing the trial of the other issues of fact.
4. No motion for judgment shall, except by leave of the Court, be set down after the expiration of one year from the time when the party seeking to set down the same first became entitled so to do.
5. Upon a motion for judgment, the Court may draw all inferences of fact, not inconsistent with the finding of the jury, and if satisfied that it has before it all the material necessary for finally determining the questions in dispute, or any of them, or for awarding any relief sought, give judgment accordingly, or may, if it shall be of opinion that it has not sufficient materials before it to enable it to give judgment, direct the motion to stand over for further consideration, and direct such issues or questions to be tried, or determined, and such accounts and inquiries to be taken and made, as it may think fit.
6.[1] (1) Particulars of every judgment or order of the High Court shall be entered in proper books to be kept for that purpose and the judgment or order shall be filed in the Central Office.
(2) Every judgment or order of the Court of Appeal shall be filed in the Office of the Registrar of the Court of Appeal.
(3) Every judgment or order of the Supreme Court shall be filed in the Office of the Registrar of the Supreme Court.
(4) Every judgment or order pronounced or made by the High Court, by the Court of Appeal or by the Supreme Court when so filed shall be deemed for all purposes to be duly entered, and the entry thereof shall be dated as of the day on which the judgment or order was pronounced or made, unless the Court otherwise directs.
7. A duplicate of every judgment or order shall be supplied out of the Central Office without fee to the solicitor or person paying the fee on the said judgment or order; and wherever any rule, or order, or the practice of the Court, requires the production or service of the original judgment or order, it shall be sufficient to produce or serve the duplicate.
8. Every judgment or order made in any cause or matter requiring any person to do an act thereby ordered, shall state the time, or the time after service of the judgment or order, within which the act is to be done; and upon the copy of the judgment or order which shall be served upon the person required to obey the same, other than an order directing a mortgagor to deliver possession to a mortgagee, or an order under section 62 subsection (7) of the Registration of Title Act 1964, there shall be endorsed a memorandum in the words or to the effect following, viz.:
“If you the within named A.B. neglect to obey this judgment or order by the time therein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey the same judgment or order.”
9. Every judgment or order, however obtained, for the recovery of land for non-payment of rent shall contain a statement of the amounts payable in respect of rent and costs for redemption.
10.[3] The amounts so to be stated for rent, if not otherwise duly ascertained, and costs respectively, shall be ascertained:
(a) in respect of rent by the affidavit of the plaintiff, his agent, receiver, or clerk, at the time judgment is entered, and
(b) in respect of costs (unless measured by the Court) by the Legal Costs Adjudicator’s certificate thereof,
at any time prior to the issue of an order of possession or to the service of a notice under the Land Law (Ireland) Act 1887, section 7.
11. Where under the Acts or these Rules, or otherwise, it is provided that any judgment may be entered upon the filing of any affidavit or production of any document, the officer shall examine the affidavit or document produced, and if the same be regular and contain all that is by law required, he shall enter judgment accordingly.
12. Where by the Acts or these Rules, or otherwise, any judgment may be entered pursuant to any order or certificate, or return to any order, the production of such order, certificate or return, shall be a sufficient authority to the officer to enter judgment accordingly.
13. Where reference is made to the Master to ascertain the amount for which final judgment is to be entered, the Master’s certificate shall be filed in the proper office when judgment is entered.
14. Notwithstanding the provisions of the Common Law Procedure Amendment Act (Ireland) 1853 (16 & 17 Vic., c. 113), sections 223 and 224, judgment may in all actions be entered on the consent of any defendant given by his solicitor.
15. In any cause or matter where the defendant has appeared by solicitor, no order for entering judgment shall be made by consent unless the consent of the defendant is given by his solicitor. Where the defendant has not appeared, or has appeared in person, no such order shall be made unless the defendant attends before the Court and gives his consent in person, or unless his written consent is attested by a solicitor acting on his behalf.
16. At any time within ten years from the execution of any warrant of attorney to enter judgment on a bond, judgment may be marked thereon as of course in the Central Office, but after such period no judgment shall be marked on any warrant of attorney, unless by order of the Court on motion; and the application for every such order shall be grounded on an affidavit, stating the amount remaining due on foot of such bond and warrant, and the character in which the applicant claims to be entitled, and that the obligor is still alive, and, where necessary, such affidavit shall contain matter sufficient to take the case out of the Statute of Limitations, and in case the payment of money shall be relied on for that purpose, shall state by whom and to whom such payment shall have been made. Provided that in proceedings by a moneylender or the personal representative or an assignee of a moneylender for the recovery of money lent by the moneylender or any interest thereon, or the enforcement of any agreement or security relating to any such money or interest, judgment shall not be marked on any warrant of attorney until after the expiration of twelve months from the date of such warrant of attorney unless by order of the Court to be obtained on motion.
17. Where any judgment shall be entered by virtue of a warrant of attorney, the warrant shall, unless the Court shall otherwise order, be filed at the time of entering such judgment in the Central Office, and in cases where the warrant is incorporated in the bond, the bond itself shall be filed, and a book shall be kept in such Office, in which, unless the Court shall otherwise order, shall be entered the names of the parties to every such judgment, and the date at which every such judgment shall have been entered, with proper references to the file.
18. It shall not be necessary to enrol any judgment or order.
19. The forms of judgment in Appendix E shall be used.
20.[2] The provisions of these Rules which relate to the enforcement of a judgement shall apply, with any necessary modifications, to an order to pay issued by the Personal Injuries Assessment Board in accordance with section 38(1) of the Personal Injuries Assessment Board Act 2003, and any Form in the Appendices to these Rules which contains a reference to a judgement may, where appropriate, be modified to refer to such an order to pay.
[1] Order 41 rule 6 substituted by SI 485 of 2014, effective 28 October 2014, subject to the provisions of paragraph 2 of SI 485 of 2014.
[2] Order 41 rule 20 inserted by SI 517 of 2004, effective 10 August 2004.
[3] Order 41 rule 10 substituted by SI 584 of 2019, effective 3 December 2019.