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Guidelines for ... setting a case down for trial


There are two steps to setting a case down for trial,

 i.  drafting and serving the notice of trial

      and then

ii.  filing the copy notice of trial and setting down docket at the Central Office of the High Court, Four Courts, Inns Quay, Dublin 7.

Order 36 of the Rules of the Superior Courts sets out the Rules in relation to trials.

All cases commenced by plenary summons or adjourned for plenary hearing (other than probate and admiralty actions) are set down for trial in the Central Office.

The correct court fee should be attached - see Supreme Court, Court of Appeal and High Court Fees Order Schedule 1 Part 4

A certificate of readiness signed by counsel can only be filed in the Central Office once the notice of trial and setting down have been filed. The certificate of readiness does not require a court fee. 

Place of trial:

Medical negligence, chancery, jury and non-jury matters can only be set down in Dublin.

Personal injury cases may be set down for any of the venues (in column 1 of the table below) where the plaintiff lives or the where the accident/injury occurred in any of the counties set out in Column 2.

At a later date you can apply to the court to have a matter transferred to another venue.

Column 1

Column 2

Dublin

Dublin Kildare Wicklow

Dundalk

Louth Meath Longford Cavan Monaghan

Waterford

Waterford Kilkenny Carlow Tipperary Offaly Laois Wexford

Cork

Cork Kerry

Limerick

Limerick Tipperary Kerry Clare

Galway

Galway Mayo Roscommon Longford Westmeath Offaly Clare

Sligo

Sligo Donegal Leitrim Cavan Longford Westmeath Roscommon Mayo

 

Notice of trial

There are two types of notice of trial - examples of both are below

  1. the ordinary form used for chancery jury and non jury matters

      and

  2. the form used for personal injury cases


You should state 'without a jury' (if it is a chancery or non-jury matter) or, 'before a jury' (if it is a jury matter)

The notice of trial is served on the solicitors acting for the other party or the individual if they represent themselves. This is done before lodging the documents in the Central Office.

The notice of trial and setting down docket must be issued within 14 days from date the notice of trial was served - if outside the time the notice of trial must be reserved.

Pleadings for the trial judge are lodged on the trial date.

When a notice of trial is served a personal endorsement of service (example below) is written on the back of the document by the person serving the document. If service has been effected by post, proof of postage (registered post slip) should be attached to the Notice of Trial.

Sample endorsement of service 

I (server) served a true copy of the within notice of trial on the ___day of ___ by hand/registered post on (insert name of solicitors for the other side) at (insert address where service was effected).

Dated:

Signed:

Sample notice of trial for chancery / non jury / jury matters

 

NOTICE OF TRIAL (ORDINARY FORM).

 [Title of action].

Take notice of trial of [*this action or the issues in this action ordered to be tried or as the case may be] for such day, not being less than **twenty-one days from the date of service of this notice, as shall be fixed by the court.

Dated

(Signed)

To

*Insert as appropriate

**where short notice of trial has been given in accordance with Order 36 rule 16, insert lesser amount of notice to be given.

 

Sample notice of trial for personal injury matters

 

NOTICE OF TRIAL (PERSONAL INJURIES)

Title of action].

Take notice of trial of [*this action or the issues in this action ordered to be tried or as the case may be] for such day, not being less than **twenty-one days from the date of service of this notice, as shall be fixed by the Court.

at Insert city or town at which proceedings are triable in accordance with Order 36 rule 2

County in which Plaintiff resides:..........................

County in which the wrong is alleged to have been committed:.....................

Where a direction has been given under Order 36 rule 2 paragraph (c) or (d) of the Rules of the Superior Courts that the trial take place at a city or town other than that prescribed by Order 36 rule 2 paragraph (b), specify the date on which that direction was given: ...........................................

Date

(Signed)

*Insert as appropriate

**where short notice of trial has been given in accordance with Order 36 rule 16, insert lesser amount of notice to be given.

 

Notice of trial under Order 36, Rule 6.

NOTICE OF TRIAL UNDER ORDER 36, RULE 6. 

[Title of action]. 

Take notice of trial of [*this action or the issues in this action ordered to be tried or as the case may be] without a jury for such day, not being less than **twenty-one days from the date of service of this notice, as shall be fixed by the court.

at

And take further notice that in the event of your not signifying your desire by notice in writing to have the same tried with a jury within four days from the service of this notice of trial or, in case of short notice of trial, two days] the action [or as the case may be will be tried by a judge without a jury.

Dated

(Signed)

*Insert as appropriate

**where short notice of trial has been given in accordance with Order 36 rule 16, insert lesser amount of notice to be given.

 

Setting down docket

The setting down docket is not served and requires a court fee - see Supreme Court, Court of Appeal and High Court Fees Order Schedule 1 Part 4.

Details of the date and venue for the hearing are given on the front of the docket.

The back of the docket should clearly set out the following information:

  • Date and venue for the hearing
  • Full title of the case
  • Record number of the case
  • Date the notice of trial was served
  • Cause of action
  • Plaintiff’s solicitors name and address
  • Defendant’s solicitors name and address

The book of pleadings is for the judge and is not required until the trial date.

Sample set down docket

THE HIGH COURT

SETTING DOWN FOR TRIAL

RECORD NO. ...(insert record number)

BETWEEN:

(insert plaintiff's name)

PLAINTIFF

and

(insert defendant's name)

DEFENDANT

Sir,

I request you will enter this Action for Trial on ...........(insert date entered on notice of trial)

In the County of ........(insert venue entered on notice of trial)

Signed:­­­­­­­­­­­­­­­­____________________________
Solicitor for the Plaintiff

To:
Chief Registrar
Central Office
High Court
Four Courts
Dublin 7        

 

For Trial on ........(insert date entered on notice of trial)

Before a ........(insert judge / jury as entered on notice of trial)

In the County of ........(insert venue as entered on notice of trial)

......(insert plaintiff's name)

and

......(insert defendant's name)

Record Number: ..... (insert record number)     

Date when Notice of Trial was served:..... (insert date of service)

Cause of Action:.....(insert cause of action)

Plaintiffs Solicitors:.....(insert plaintiff's solicitors and address)

Defendants Solicitors:......(insert defendant's solicitors and address)

                

 

____________________________
Page updated: 30 November 2016