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Guidelines for ... issuing a High Court notice of motion

Related links
Sample notice of motion

1. A notice of motion is a documents which sets out the nature of a party’s application to court (that is, what it wants the court to do). It is usually based on (or 'grounded' on) a sworn statement of facts supporting the application called an affidavit. It is signed by the party applying (or their solciitor) and must be issued in the Central Office before being served on the other side within certain time limits before it is heard by the court.

2. The notice of motion can be filed and issued by post, or in person, at the Central Office of the High Court, Four Courts, Inns Quay, Dublin 7.

3. Documents filed should be on A4 size paper.

4. To issue the notice of motion you should check the following;

  • You have paid the correct court fee

  • The notice of motion is in the correct format as set out in the link above

  • You have enclosed two copies of your notice of motion - which will be returned to you

  • You have included a stamped self-addressed envelope if filing by post

  • The the notice of motion is addressed to the other party(ies) in the case and the Chief Registrar, Central Office of the High Court, Four Courts, Dublin 7.

  • You have included your record number on the top right corner of the document - for example, 2014/0000 P or 2013/0000 S

  • You have enclosed an affidavit grounding/supporting the reliefs set out in your notice of motion

  • You have referred to the deponent in the affidavit and the date on which the affidavit was sworn

  • You have checked the guidelines for filing an affidavit

 

5. If you require a particular date for the notice of motion, require a particular judge to hear the notice of motion or if you request a priority date, you must call to the office in person to issue the motion.

6. If you need a hearing date, and the time you have for service of the notice of motion is less than that set out in the Rules of the Superior Courts, Order 52 Rule 6 you will need to have service abridged (short service).

7. A notice of motion should be served on the other party. If you are serving the other party personally, a minimum of four clear days between issuing the motion and the return date is required. If you are serving a solicitor a minimum of two clear days between issuing the motion and the return date is required.

8. If nothing has happened in your case in the last twelve months, a document called a ‘notice of intention to proceed’ should be served on the other party in the case. You must then wait for one month before you can file any document in the case.

Terminology:

Short service - a judge may dispense with the minimum time requirements for serving the notice of motion.

Return date - the date given by the Central Office when your notice of motion will be heard in court.

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.

If you are a defendant and you are served with a document which is not in accordance with the Rules the onus is on you to take appropriate action.

 

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