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Guidelines for ... issuing a High Court plenary summons


A plenary summons is used in cases where oral evidence will be heard.

A plenary summons is the default summons and is used for all cases except when the use of a summary summons, special summons or personal injury summons is specifically required.

The Rules of the Superior Court at Appendix A Part I No. 1 provides the layout of the plenary summons.

What to include on a plenary summons

Page one

  • The heading 'Plenary Summons' appears at the top centre of the page

  • The title of the case should be set out as

Between

..... Plaintiff(s)

and

.... Defendant

The names of the plaintiffs and defendants must be set out in full

- for example, Ann Black and Barry Black (not Ann and Barry Black) and no titles such as Ms. Ms. or Dr. are to be used.

  • Do not fill in the date of issue (after the name of the Chief Justice) - the Central Office of the High Court will give this to you.

Page two

  • The heading on this page is 'General Indorsement of Claim'. The details of the claim - which are the details of the case - are set out here.

  • Appendix B Part II provides the format for the General Indorsement of Claim.

  • Order 1 and order 4 Rules of the Superior Courts should be used to help with completing this part of the summons.

  • At the end of the indorsement of claim the summons should be signed by the solicitor for the plaintiff or by the plaintiff if he/she is representing him/herself.

Page three

  • The following information should be added here;

'This summons was issued by [insert name of firm of solicitors ] whose registered place of business is insert address of solicitor firm solicitors for the plaintiff who resides at insert plaintiff's address and is insert plaintiff's occupation'
(If the plaintiff is male and has no occupation the word 'gentleman' should be used. If the plaintiff is female and has no occupation the word 'housewife' can be used.)

OR

'This summons is issued by the plaintiff in person who resides at insert plaintiff's address and is insert plaintiff's occupation'
(If the plaintiff is male and has no occupation the word 'gentleman' should be used. If the plaintiff is female and has no occupation the word 'housewife' can be used.)

  • When a summons is served on a defendant a record of that service must be made on the actual summons. This is done within 3 days of service of the summons by the person serving the summons.

  • The indorsement of service should be added here:

'this summons was served by me on the defendant at insert place of service on the (insert date) day of (insert month and year)

Signed: (person who served the summons signs here)
Address (insert address of the person who served the summons)'

Page four

The solicitor's name and address are added to the bottom of the page (this is the back page of the document).

If the summons is being issued by the plaintiff in person, the address of the plaintiff should be provided.

Issuing the plenary summons in the Central Office of the High Court

1. A plenary summons is filed and issued by post, or in person, at the Central Office of the High Court, Four Courts, Inns Quay, Dublin 7.

2. The documents filed should be on A4 size paper

3. To issue a High Court plenary summons you should check the following;

  • You have attached the correct court fee

  • If you are issuing by post you must include a stamped self-addressed envelope

  • The plenary summons is in the correct format as set out in Appendix A Part I No. 1 form

  • You have included three copies of your plenary summons, one of which will be sealed and returned to you - this is known as the 'original summons' and must be retained. One copy of the summons should be used to serve the defendant and one will be retained in the office

  • You have read the guidelines for what happens once you have issued a High Court summons

 

Note:

This check-list covers procedural points only, exceptional cases will require further consideration.

It sets out the minimum requirements contained in the Rules of the Superior Courts (S.I. No. 15 of 1986).

Details of court fees are set out in the Supreme Court, Court of Appeal and High Court Fees Order.

 

NOTE: This is not a legal document and it does not purport to give legal advice. If you need legal advice you should consult a solicitor.

 

 

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This page updated: 29 November 2016