S.I. No. 224/2019 - Rules Of The Superior Courts (Renewal Of Summons) 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” 24th of May, 2019.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 14th day of March, 2019.

George Birmingham

Elizabeth Dunne

Michael Peart

Teresa Pilkington

Stuart Gilhooly

Noel Rubotham

John Mahon.

I concur in the making of the following Rules of Court.

Dated this 22nd day of May 2019.

Signed: CHARLES FLANAGAN

MINISTER FOR JUSTICE AND EQUALITY

1.—(1) These Rules, which may be cited as the Rules of the Superior Courts (Renewal of Summons) 2019, shall come into operation on the 19th day of June 2019.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2019.

2. The Forms No. 1 and 2 in the Schedule shall be substituted for the forms bearing the like numbers respectively in Part 1 of Appendix A to the Rules of the Superior Courts.

Schedule

No. 1.

O. 1, r. 2

PLENARY SUMMONS.

_______

THE HIGH COURT.

20...... No.

Between

A. B.,

Plaintiff

And

C.D.,

Defendant

To the defendant...........

of....... in the County of.......

This plenary summons requires you to enter an appearance in person or by solicitor in the Central Office, Four Courts, Dublin in the above action within eight days after the summons has been served on you (exclusive of the day of such service).

And TAKE NOTICE that if you do not enter an appearance within that time the plaintiff may proceed in this action, and judgment may be given in your absence.

BY ORDER,

Chief Justice of Ireland,

The ... day of ..... two thousand and .....

N.B.—This summons is to be served within twelve calendar months from the date hereof, unless the time for service has been extended by the Court.

The defendant may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin.

GENERAL INDORSEMENT OF CLAIM.

The plaintiff’s claim is .....

(Signed)

This summons was issued by the plaintiff ..... who resides at ....... (state address accurately) and is ....., and *whose address for service is ....... *who consents to the service of documents in the proceedings by electronic mail to .......

or,

This summons was issued by ......., whose registered place of business is ........, * and who consents to the service of documents in the proceedings by electronic mail to ......, solicitor for the plaintiff, who resides at ..... and is .......

This summons was served by me at ...... on the defendant ....... on .....day the ... day of ..... 20...

Indorsed the ... day of .... 20...

(Signed)

(Address)

*delete where inapplicable

______

No. 2.

O. 1, r. 3

SUMMARY SUMMONS.

_______________

THE HIGH COURT.

20 ..... No.

Between

A. B.,

Plaintiff

And

C.D.,

Defendant.

To the defendant ....... of ...... in the County of .....

This summary summons requires you to enter an appearance in person or by solicitor in the Central Office, Four Courts, Dublin in the above action within eight days after the summons has been served on you (exclusive of the day of such service).

And TAKE NOTICE that, if you do enter an appearance within that time, notice of the day and hour of the hearing of this summons will be delivered at the address for service provided in the memorandum of appearance, but if you do not enter an appearance within that time the plaintiff may proceed in this action, and judgment may be given in your absence.

BY ORDER,

Chief Justice of Ireland,

The ... day of ..... two thousand and .....

N.B.—This summons is to be served within twelve calendar months from the date thereof, unless the time for service has been extended by the Court.

The defendant may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin.

SPECIAL INDORSEMENT OF CLAIM.

The plaintiff’s claim is .......

(Signed)

(When the plaintiff’s claim is for a liquidated sum only, add indorsement for costs (if any) prescribed by Order 4, rule 5, as follows:—

and €..... for costs, and upon payment of €..... for demand and €.... for costs within six days after service further proceedings will be stayed.

This summons was issued by the plaintiff, who resides at........ (state address accurately) and is......., and *whose address for service is ........ *who consents to the service of documents in the proceedings by electronic mail to ....... or,

This summons was issued by ........, whose registered place of business is ......, *and who consents to the service of documents in the proceedings by electronic mail to ......., solicitor for the plaintiff, who resides at ....... and is .........

This summons was served by me at ...... on the defendant ..... on .....day the ... day of ... 20...

Indorsed the ... day of. 20...

(Signed)

(Address)

*delete where inapplicable

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EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules substitute Forms No. 1 and 2 in Part 1 of Appendix A to the Rules of the Superior Courts to reflect the revised requirements for renewal of summonses, as provided for in the Rules of the Superior Courts (Renewal of Summons) 2018