Guidelines for ... issuing a High Court summary summons
A summary summons is used to sue for a liquidated sum, a set figure with or without interest.
The Rules of the Superior Courts at Appendix A Part I No. 2 provides the layout of the summary summons.
What to include on a summary summons
- The heading 'Summary Summons' appears at the top centre of the page
- The title of the case should be set out as;
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 Mr. 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 complete/confirm this to you
- The heading on this page is 'Special Indorsement of Claim' the details of the claim - which are the details of the case - are set out here
- Appendix B Part III provides the format for the special indorsement of claim
- Order 2 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 representing him/herself
- Order 4 Rule 5 Rules of the Superior Courts set out that when a summons is being issued for a liquidated sum - a set amount of money with no claim for general damages - the following must be added as an indorsement for costs
'And €... for costs, and upon payment of €... (amount of debt) for demand and €... for costs within six days after service further proceedings will be stayed'
- The following information should be added here;
'This summons was issued by firm of solicitors whose registered place of business is insert address of solicitor firm solicitors for the plaintiff who resides at insert plaintiff's addressand 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.)
'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)
Indorsed 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)'
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 summary summons in the Central Office of the High Court
1. A summary 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. Documents filed should be on A4 size paper.
3. To issue the High Court summary summons you should check the following;
- You have attached the correct court fee
- You have included a stamped self-addressed envelope if you are issuing by post
- The summary summons is in the correct format as set out in the link above
- You have included three copies of your summary 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
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.
This page updated: 2 March 2017