Commencing Proceedings

Issue of Summons

A Summons must be issued from the court offices.  A number of draft copies are brought to the Central Office and filed.  One is sealed with the High Court seal and details of the record number.  Copies are issued for service. There are different codes in the record numbers depending on the type of summons.

Sealing of the summons stops the time limit for the statutory limitation.  The summons, however, must be served within a certain period.  These summonses are entered in cause books or court records. The summons must be stamped with the relevant court fees.

Certain categories of claims are assigned to particular judges. Where this occurs subsequent steps in the proceedings are as far as possible to be heard by the same judge whose particulars are marked on the paper.

Issue Requirements

The Central Office is to maintain Cause Books in which proceedings commenced by originating summons, issued out of the Central Office, are to be entered.  They are to be entered consecutively in order of issue.  They shall be distinguished by the date and the year and the number in consecutive order, with or without a distinguishing letter or other sign.  They constitute the record number of the proceeding.

Every originating proceeding shall bear the date of issue and be authenticated in the name of the Chief Justice or the President of the High Court if the Chief Justice’s office is vacant.  Every summons shall be sealed and marked with a record number by the proper officer and shall be deemed thereby issued.  No originating summons shall be served until the same has been sealed and marked.  One or more duplicates of every originating summons shall be sealed and marked on the application of the plaintiff or his solicitor.

The plaintiff, other party or his solicitor shall, on presenting the original summons for sealing, leave written or printed copies, partly written and printed copies, on paper of the prescribed description, of such summons and all indorsements thereon and the copy shall be signed by the solicitor leaving the same or by the plaintiff if he sues in person. An officer receiving the copy summons shall cause it to be marked with the record number and filed and shall cause an entry of the particulars thereof to be made in the Cause Book.

Issues in Particular  Cases

The issue of a summons in probate proceedings shall be preceded by the filing of an affidavit made by the plaintiff or one of the plaintiffs in verification of the indorsement on the summons.  On issuing the summons, the plaintiff, if he has not already so done, shall lodge a caveat in the Probate Office in respect of the estate of the deceased person.

Every petition to the Court shall be presented by leaving it with the proper officer of the Central Court. The general provisions above shall apply to petitions in the same manner as an originating summons.  References to the plaintiff shall refer to the petitioner and references to the originating summons shall refer to the petition.

At the foot of every petition presented and every copy, a statement is to be made of the persons, if any, intended to be served.

No summons for service out of the jurisdiction shall be issued without the leave of the Court.  This is subject to separate provisions in relation to Judgments Convention and other Conventions. See separately the detailed separate requirement for a summons which is to be served under EU and international conventions.

Assignment of Certain Types of Summons

The following original summons shall, at time of issue, be assigned to such judges as the President of the High Court may assign, subject to the power of transfer, every originating summons in respect of

• the administration of estates of deceased persons;
• the dissolution of a partnership or the taking of partnership accounts;
• the redemption of mortgages; raising of portions on charges on land;
• the sale and distribution of the property subject to any lien or charge;
• the execution of trusts, charitable or private;
• the rectification of deeds or setting aside other instruments;
• the specific performance of property contracts and any other contracts in respect of which specific performance may be issued;
• the partition of land and property;
• matters formerly within the exclusive jurisdiction of the Courts of Chancery other than wardship;
• every other originating summons as may be prescribed by Rules from time to time; and every special summons relating to any particular class of claim;

Where an originating summons has been assigned to a particular Judge or where a step has been heard by a particular judge, them each subsequent summons, notice of motion, petition, relating to the matter or so connected with it so as to be conveniently dealt with by the same Judge, shall whenever practicable be marked by the proper officer with the name of such Judge.

The party or solicitor presenting such summons, motion or petition, shall, if there is to his knowledge such relation or connection, so certify. The certificate is to be in a prescribed form and is to be countersigned by the Judge’s Registrar to whom the originating summons had been assigned or by whom such originating summons had been heard, as the case may be.

Period for Service & Extension

An original summons shall be in force for no more than twelve months from its date.  If any defendant named in it has not been served, the plaintiff may apply before expiration to the Master for leave to renew the summons. After twelve months, the application to extend time must be made to the Court.

The Court or the Master, may if satisfied that reasonable efforts have been made to serve the defendant or if there is another good reason, may order that the original or concurrent summons be renewed for six months from the date of renewal inclusive, and may continue so from time to time during the currency of the renewed summons.

The summons shall in such case be renewed by being stamped on the day, year and month of renewal by a special stamp kept for such purpose, upon delivery by the plaintiff or his solicitor of a memorandum in a prescribed form.  The summons so renewed shall remain in force and be available to prevent the operation of any statute.

In any case where a summons has been renewed ex parte, the defendant shall be at liberty before entering an appearance, to apply by notice of motion to set aside the order.

If the summons has been lost or destroyed, the Court may, if satisfied as to destruction or loss and the correctness of a copy, order that such copy shall be sealed and served in lieu of the original summons.

Service and Renewal Issues

The summons must be served within 12 months.  After this period it may only be served if it has been renewed.  The Master may renew the summons where he is satisfied that reasonable efforts have been made to serve the defendant or there is another good reason.  This enables the service to be postponed even after the statute of limitations period has expired.

The plaintiff who does not serve within 12 months may issue a new summons although he may be subject to the statute of limitations if he is outside the relevant period.

An application to renew a summons is a one-sided application.  It may be made to the Master of the High Court within the 12 months and thereafter to the judge.  The Summons may be renewed for six months.

The Irish courts have been willing in the past to renew summons after the periods when the statute of limitations had expired.  However, in more recent times the courts less readily grant extensions and may not do so, where, for example,  the delay has prejudiced the defendant in making his defence.  Broadly, the Master or court will renew the summons where the injustice to the plaintiff outweighs the injustice to the defendant.

The application to renew is made on the one-sided application. The defendant/respondent party may issue a motion to set aside the renewal before entering an appearance.  If there are other relevant facts which have not been disclosed by the applicant in his ex-parte application then the court may make a different decision.

Discontinuance

The claimant may at any time after receipt of the defendant’s defence (or after receipt thereof before taking any other step other than an interlocutory application) may by notice in writing, wholly discontinue the claim against all or any of the defendants or withdraw any part or parts of the alleged claim.

He shall thereupon pay the defendant’s cost of actions.  If the action is not wholly discontinued he shall pay the costs occasioned by the matter withdrawn.  Such costs may be taxed.

The claimant may however at any time prior to setting down of the trial wholly discontinue his action with or without cost to be paid by any party upon producing consent in writing signed by all parties or by their solicitors. Such costs, if any, may be taxed.

Discontinuance or withdrawal, as the case may be,  shall not be a defence to any subsequent action.  Unless otherwise specifically provided by rule,  a party may not discontinue an action without leave of court.  The court may before or after hearing / trial, upon such terms as to costs and such other action or otherwise as may be just, order the action to be discontinued or any part or allege cause or complaint to be struck out.

The court in like manner and with the like discretion as to terms upon the application of defendant order the whole or any part as the alleged grounds of defence or counterclaim to be struck out.  A defendant may not withdraw his defence or any part of it without leave of court.

Where a claim has been entered for trial, it may be withdrawn by either claimant or defendant upon producing to the court offers a consent in writing signed by the parties or by their solicitors.

A defendant may enter judgment for the costs of an action if it is wholly discontinued against him or for the cost occasioned by the matter withdrawn if the action is not wholly discontinued if such costs are not paid within four days of taxation.

If any subsequent action shall be brought before payment of the costs of a discontinued action for the same or substantially the same cause,  the court may order a stay of such action until such costs have been paid.