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Rules of the Superior Courts

Appendix: A

Originating Summons & Appearance
[as amended by S.I. Nos. 248 of 2005, 506 of 2005, 14 of 2007, 307 of 2013, 9 of 2016, 475 of 2017



Forms:
Part I Originating Summons
No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6


Part II Appearance
No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9


PART I.

ORIGINATING SUMMONS.

_______

S.I. No. 475 of 2017

No. 1.


O. 1, r. 2

PLENARY SUMMONS.

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THE HIGH COURT.


20...... No.

Between

A. B.,

Plaintiff

And

C.D.,

Defendant.

To the defendant

of....... in the County of.......

This plenary summons is to require that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by solicitor do enter an appearance in the Central Office, Four Courts, Dublin, in the above action; and TAKE NOTICE that, in default of your so doing, the plaintiff may proceed therein, and judgment may be given in your absence.

BY ORDER,

Chief Justice of Ireland,

The ... day of ..... two thousand and .....

N.B.—This summons is to be served within twelve calendar months from the date hereof, and, if renewed within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.

The defendant may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin.

GENERAL INDORSEMENT OF CLAIM.

The plaintiff's claim is .....

(Signed)

This summons was issued by the plaintiff ..... who resides at ....... (state address accurately) and is ....., and *whose address for service is ....... *who consents to the service of documents in the proceedings by electronic mail to .......

or,

This summons was issued by ......., whose registered place of business is ........, * and who consents to the service of documents in the proceedings by electronic mail to ......, solicitor for the plaintiff, who resides at ..... and is .......

This summons was served by me at ...... on the defendant ....... on .....day the ... day of ..... 20...

Indorsed the ... day of .... 20...

(Signed)

(Address)

*delete where inapplicable


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S.I. No. 175 of 2017

No. 2.


O. 1, r. 3

SUMMARY SUMMONS.

——————

THE HIGH COURT.


20 ..... No.

Between

A. B.,

Plaintiff

And

C.D.,

Defendant.

To the defendant ....... of ...... in the County of .....

This summary summons is to require that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by solicitor do enter an appearance in the Central Office, Four Courts, Dublin, in the above action; and TAKE NOTICE that, if you do enter such appearance, due notice of the day and hour of the hearing of this summons will be delivered at the address for service named in the memorandum of appearance, but if you do not enter such appearance, the plaintiff may proceed in the said action, and judgment therein be given in your absence without further notice.

BY ORDER,

Chief Justice of Ireland,

The ... day of ..... two thousand and .....

N.B.—This summons is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.

The defendant may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin.


SPECIAL INDORSEMENT OF CLAIM.

The plaintiff's claim is .......

(Signed)

(When the plaintiff's claim is for a liquidated sum only, add indorsement for costs (if any) prescribed by Order 4, rule 5, as follows:—

and €..... for costs, and upon payment of €..... for demand and €.... for costs within six days after service further proceedings will be stayed.

This summons was issued by the plaintiff, who resides at........ (state address accurately) and is......., and *whose address for service is ........ *who consents to the service of documents in the proceedings by electronic mail to ....... or,

This summons was issued by ........, whose registered place of business is ......, *and who consents to the service of documents in the proceedings by electronic mail to ......., solicitor for the plaintiff, who resides at ....... and is .........

This summons was served by me at ...... on the defendant ..... on .....day the ... day of ... 20...

Indorsed the ... day of. 20...

(Signed)

(Address)

*delete where inapplicable


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S.I. No. 475 of 2017

No. 3.


O. 1, r. 4

SPECIAL SUMMONS

——————

THE HIGH COURT


Between

In the matter of ...............

A. B.,

Plaintiff,

And

C.D.,

Defendant.

(or if not inter partes)

20.... No....


On the application of A.B.

To ......

Of ....... in the County of .......

This special summons is to require you to attend before the Master at the Four Courts, Dublin, on the ... day of ..... at ... o'clock in the forenoon at the hearing of this summons issued on the ... day of ....., and if you do not attend in person or by solicitor at the time and place aforesaid, such order will be made, and proceedings taken as the Court may think just and expedient; and TAKE NOTICE that if you wish to attend and to be heard, you should first enter an appearance.

BY ORDER,

Chief Justice of Ireland,

The ... day of .... two thousand and .....

N.B.—This summons is required to be served not less than four days before the return day mentioned therein (exclusive of the day of service).


SPECIAL INDORSEMENT OF CLAIM.

The plaintiff's claim is .....

(Signed)

Schedule of affidavit or affidavits intended to be used by the plaintiff (or applicant) on the hearing of the summons.

This summons was issued by the plaintiff (or applicant) who resides at (state address accurately) and is .... and *whose address for service is ....... *who consents to the service of documents in the proceedings by electronic mail to ...........

or,

This summons was issued by ....., whose registered place of business is ......, *and who consents to the service of documents in the proceedings by electronic mail to ......., solicitor for the plaintiff, who resides at ..... and is ......

This summons was served by me at ...... on the defendant ..... on .... day the ... day of .... 20...

Indorsed the ... day of .... 20...

(Signed)

(Address)

*delete where inapplicable


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No. 4.


O. 8, r. 1

MEMORANDUM OF RENEWAL OF SUMMONS.

_______

(Heading as in Summons).


Seal renewed summons in this action indorsed as follows:—

(Copy original summons and the indorsements.)

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No. 5.


O.5, r. 6

CERTIFICATE OF ASSIGNMENT OF SUMMONS.

_______

(Heading as in Summons).


I, A.B., solicitor for the above-named, hereby certify that the summons (or other proceeding) annexed hereto relates to the same matters as the above-named cause or matter, [or the cause or matter entitled (insert title)] assigned to (or heard by) the Hon. Mr. Justice ....... or is so connected therewith as to be conveniently dealt with by the same Judge.

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No. 6.


O. 27, r. 6

AFFIDAVIT VERIFYING INDORSEMENT UNDER

_______

(Heading as in Summons).


I, ....... of ........... agent for the plaintiff [or as the case may be], make oath and say that I have read the special indorsement of claim on the summons in this action and that the same is true to the best of my knowledge, information and belief

Sworn, &c.


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PART II.

APPEARANCE.

S.I. No. 475 of 2017

No. 1.


O. 12, r. 9

MEMORANDUM OF APPEARANCE IN GENERAL.

_______

THE HIGH COURT.


20 ......No.

Between

A. B.,

Plaintiff,

and

C.D.,

Defendant.

Enter an appearance for C.D., the defendant in this action.

Dated

(Signed)

E.F.,

solicitor for the defendant.

The registered place of business of E.F. is ........ *and E.F. consents to the service of documents in the proceedings by electronic mail to .......,

[or C.D., the defendant in person.

The place of residence of C.D. is ....... and *the address for service of C.D. is ........ *C.D. consents to the service of documents in the proceedings by electronic mail to ....... ].

To the Registrar of the Central Office.

Take notice, that I have this day entered an appearance at the Central Office, Four Courts, Dublin, for ...... to the originating summons in this action.

[If statement of claim is required, add] The said ....... requires delivery of a statement of claim

Dated

(Signed)

To ...

*delete where inapplicable


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No. 2.


O. 12, r. 21

MEMORANDUM OF APPEARANCE LIMITING DEFENCE.

_______

(Heading as in Summons).


Enter an appearance for .......... in this action. The said ........... limits his defence to part only of the property mentioned in the originating summons, namely, to the close, called "The Big Field."

Dated

____________

(Signed)

____________

To


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No. 3.

O. 16, r. 4

MEMORANDUM OF APPEARANCE TO THIRD-PARTY NOTICE.

(Heading as in Summons).


Enter an appearance for ........... to the third party notice issued in this action on the ... day of ..... 19...

by .....

Dated

(Signed)


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No. 4.


O. 15, r. 18

AFFIDAVIT FOR ENTRY OF APPEARANCE AS GUARDIAN.

(Heading as in Summons).


I, ....... of [place of abode and description of deponent] make oath and say as follows:—

E.F., of ........... is a fit and proper person to act as guardian ad litem of the above-named infant defendant, and has no interest in the matters in question in this action adverse to that of the said infant, and the consent of the said E.F. to act as such guardian is hereto annexed.

Sworn, &c.

This affidavit is filed on behalf of, &c.

[To this affidavit shall be annexed the document signed by such guardian in testimony of his consent to act.]


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S.I. No. 475 of 2017

No. 5


O.1A, r. 8

MEMORANDUM OF APPEARANCE TO PERSONAL INJURIES SUMMONS

Between

AB,

Plaintiff

and

CD

Defendant

Enter an Appearance for CD, the defendant in this personal injuries action.

Dated

Signed EF

Solicitor for the defendant

The registered place of business of EF is ......*and E.F. consents to the service of documents in the proceedings by electronic mail to .........

* [or CD, the defendant in person

The address at which CD ordinarily resides is ...... and *the address for service of C.D. is ....... *C.D. consents to the service of documents in the proceedings by electronic mail to ...... ]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance at the Central Office, Four Courts, Inns Quay, Dublin 7 **[, for the above defendant to the personal injuries summons in this action].

Dated

Signed

To:

* Insert if applicable

** Delete if appearance is by defendant in person


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S.I. No. 475 of 2017

No 6


O.11A, r. 8

MEMORANDUM OF APPEARANCE CONTESTING JURISDICTION THE HIGH COURT

*In the matter of Article 26(1) of Council Regulation (EC) No. 1215/2012

*In the matter of Article 24 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, done at Lugano on the 30th day of October 2007


Between

AB,

Plaintiff

and

CD

Defendant

Enter an Appearance for CD, the [-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court.

Dated

Signed EF

Solicitor for the [-named] defendant

The registered place of business of EF is .............*and E.F. consents to the service of documents in the proceedings by electronic mail to ..........

[or CD, the defendant in person

The address at which CD ordinarily resides is ..........and *the address for service of C.D. is ......... *C.D. consents to the service of documents in the proceedings by electronic mail to .......]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of] originating summons (or other originating document) in this action.

Dated

Signed

To:

Insert as appropriate

*Delete where inapplicable


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S.I. No. 475 of 2017

No. 7


O. 11B, r. 8

MEMORANDUM OF APPEARANCE CONTESTING JURISDICTION THE HIGH COURT

In the matter of the Jurisdiction of Courts and Enforcement of Judgments Act 1998

And in the matter of Article 18 of the Brussels Convention 1968


Between

AB,

Plaintiff

and CD

Defendant

Enter an Appearance for CD, the [-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court.

Dated

Signed EF

Solicitor for the [-named] defendant

The registered place of business of EF is ........ *and E.F. consents to the service of documents in the proceedings by electronic mail to ........

[or CD, the defendant in person

The address at which CD ordinarily resides is ........ and *the address for service of C.D. is ....... *C.D. consents to the service of documents in the proceedings by electronic mail to .......]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of] originating summons (or other originating document) in this action.

Dated

Signed

To:

Insert as appropriate

*Delete where inapplicable


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S.I. No. 475 of 2017

MEMORANDUM OF APPEARANCE CONTESTING JURISDICTION THE HIGH COURT

In the matter of Council Regulation No. 2201/2003


Between

AB,

Plaintiff

And

CD

Defendant

Enter an Appearance for CD, the [*-named] defendant in this action without prejudice and solely to contest the jurisdiction of the court.

Dated

Signed EF

Solicitor for the [*-named] defendant

The registered place of business of EF is ....... *and E.F. consents to the service of documents in the proceedings by electronic mail to ........

[or CD, the defendant in person

The address at which CD ordinarily resides is .......... and *the address for service of C.D. is .......... *C.D. consents to the service of documents in the proceedings by electronic mail to .......]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance without prejudice and solely to contest the jurisdiction of the court at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above defendant to the [notice of] originating summons (or other originating document) in this action.

Dated

Signed

To:

*Delete where inapplicable


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S.I. No. 475 of 2017

No. 9


O. 12, r. 2(2A)(a)

MEMORANDUM OF APPEARANCE IN STATUTORY APPLICATION OR APPEAL

THE HIGH COURT

In the matter of [state relevant provision of the enactment pursuant to which the application/appeal is made]


Between

AB,

Applicant/Appellant

And

CD

Respondent

Enter an Appearance for CD, the respondent in this action.

Dated

Signed EF

Solicitor for the defendant

The registered place of business of EF is ........... *and E.F. consents to the service of documents in the proceedings by electronic mail to .........

[or CD, the defendant in person

The address at which CD ordinarily resides is ......... and *the address for service of C.D. is .......... *C.D. consents to the service of documents in the proceedings by electronic mail to ........]

To: The Registrar of the Central Office.

Take Notice that I have this day entered an appearance at the Central Office, Four Courts, Inns Quay, Dublin 7, for the above respondent to the originating notice of motion in this action.

Dated

Signed

To:

*Delete where inapplicable


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