The Summary Procedure There is a summary procedure in the High Court, which may be used in cases where a full hearing or so called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact. In summary cases, the evidence can be heard on written affidavit. The […]
There is a summary procedure in the High Court, which may be used in cases where a full hearing or so called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact. In summary cases, the evidence can be heard on written affidavit. The summary summons procedure […]
Judgments in default for liquidated demands Where the claimant’s claim is for a debt or liquidated demand or for delivery of specific goods or chattels and the defendant has not entered an Appearance within time limited in the Civil Bill or having entered an Appearance, has not delivered a Defence within the time limited, the claimant may, in default of […]
Jurisdiction and Powers There are District court areas throughout the State. The State is divided into Districts and each District is divided into a number of District Court Areas. In Dublin and other major urban areas, District Courts sit on a permanent basis. Outside of these areas, the District Judge travels through the District with Civil and criminal hearings on […]
District Court Civil Procedure Rules. The District Court Civil Procedure Rules were reformed significantly upon the occasion of the increase in District Court jurisdiction in February 2014. The changed rules followed the significant increase in the value of civil cases within the jurisdiction of the District Court. The rules apply to civil proceedings, which cover all non-criminal proceedings. Where the District […]
Appearance and Defence The 2014 District Court (Civil Procedure) Rules provide for the filing of an appearance and defence for the first time. Previously, it was generally sufficient for a respondent who wished to defend a claim, to serve a notice of intention to defend, without setting out the grounds of defence. A respondent who intends to defend civil proceedings […]
Pre-trial Applications Pre-trial applications may be made in the District Court, in much the same way as in other Courts. An application is made by a notice of a notice of motion. Unless the Court otherwise directs, must be supported by an affidavit. The form of notice of motion is prescribed by the Rules. Unless the Rules otherwise provide, the […]
Notice of Trial Where an appearance and defence have been served and filed, the claimant may serve a notice of trial in the form prescribed by the Rule. Not less than 10 days notice of trial must be given to the respondent and all other necessary parties. The parties may agree a shorter period. The notice of trial must be […]
Witness Summons A party desiring the attendance of any person to give evidence or produce any books, papers or documents in Court, may apply to the Clerk for a witness summons requiring the person to attend at the place and time specified for the hearing. A witness summons directed against an Officer of the State to attend and produce any […]
Hearing Unless otherwise agreed in writing by all of the parties to the proceeding, and subject to the law of evidence, witnesses at the trial of any claim must be examined orally on oath in open Court. The Court may at any time for such reasons as it thinks right order that a particular fact may be proved by affidavit, […]
Appeal to Circuit Court An appeal lies from many decision of the District Court to the Circuit Court. The relevant Circuit Court is that for the circuit in which the relevant district is situate. An appeal from the District Court is brought by Notice of Appeal. It must be served on all parties within 14 days of the date of […]
Small Claims Jurisdiction The District Court Small Claims procedure is intended as an informal method for resolution of disputes. The proceedings take place before the District Court Clerk, who acts as the Small Claims Registrar. Generally, lawyers will not be involved. In accordance with the District Court rules, the claim must be made, where the respondent lives, where damages took […]
Licensing The District Court plays a significant role in licensing matters. See the separate chapters in relation to intoxicating liquor licences. The District Court powers are exercised in tandem with the Circuit Court. The District Court deals with more routine and regular licensing applications, while the Circuit Court deals with more fundamental matters, such as the grant of new licences. […]