Legal documents to initiate Litigation and the Court System Overview .
The process of initiating litigation involves specific legal documents and procedures, which vary depending on the court and the nature of the claim.
The District Court resolves disputes valued up to €15,000. To start proceedings, use a claim notice according to Order 40, rule 4(1) of the District Court Rules (DCR).
The Circuit Court addresses civil cases with claims between €15,000 and €75,000 (or €60,000 for personal injury claims). To begin proceedings, the plaintiff or their barrister prepares a Civil Bill. This bill outlines the case against the defendant, including the names of both parties, a description of the claim, the sought amount (up to the court’s limit), and the relevant circuit. After paying stamp duty, the Circuit Court office issues the Civil Bill and serves it on the defendant.
The High Court possesses full jurisdiction over all civil and criminal matters. Parties usually commence proceedings with a plenary summons, but they can also use a summary summons, special summons, or personal injuries summons, as stated in Orders 1-3 of the Rules of the Superior Courts (RSC).
To initiate litigation in Ireland, the specific legal documents required depend on the court and the nature of the claim. The process generally involves the plaintiff (the person bringing the case) preparing and serving specific documents on the defendant (the person being sued).
The plaintiff or their legal representative prepares the initial document, which varies by court: a Civil Bill for the Circuit Court, a Plenary Summons for the High Court, and a Claim Notice for the District Court.
The plaintiff takes the prepared document to the relevant court office to issue it. This process usually requires paying a fee or stamp duty.
The originating document (Civil Bill, Summons, etc.) must serve on the defendant within a specific timeframe (12 months from the issue date in the High Court). Service methods vary by court rules and include personal service, registered post, or sometimes email.
After receiving the initial document, the defendant must enter an appearance to indicate their intention to defend the claim. In the Circuit Court, they do this by lodging an Entry of Appearance form.
The defendant then delivers a defence that outlines their response to the plaintiff’s claims. In the Circuit Court, the defendant must deliver the defence within 10 days of entering an appearance.
If you would like an immediate call back to discuss any queries, just fill in your details below. All correspondence is treated as confidential.
