Appendix A
Part 1 - Originating Summons
No. 1 | Plenary Summons |
No. 2 | Summary Summons |
No. 3 | Special Summons |
No. 4 | Memorandum of Renewal of Summons |
No. 5 | Certificate of Assignment of Summons |
No. 6 | Affidavit Verifying Indorsement Under O. 27, r. 6 |
Part 2 - Appearance
Part I: ORIGINATING SUMMONS _______
O. 1, r. 2 PLENARY SUMMONS _______
THE HIGH COURT. 20...... No. Between A. B., Plaintiff And C.D., Defendant To the defendant........... of....... in the County of....... This plenary summons requires you to enter an appearance in person or by solicitor in the Central Office, Four Courts, Dublin in the above action within eight days after the summons has been served on you (exclusive of the day of such service). And TAKE NOTICE that if you do not enter an appearance within that time the plaintiff may proceed in this action, 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, unless the time for service has been extended by the Court. 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
Form 1 substituted by SI 224 of 2019, effective 19 June 2019. _______
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 requires you to enter an appearance in person or by solicitor in the Central Office, Four Courts, Dublin in the above action within eight days after the summons has been served on you (exclusive of the day of such service).
And TAKE NOTICE that, if you do enter an appearance within that time, notice of the day and hour of the hearing of this summons will be delivered at the address for service provided in the memorandum of appearance, but if you do not enter an appearance within that time the plaintiff may proceed in this action, 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 thereof, unless the time for service has been extended by the Court. 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
Form 2 substituted by SI 224 of 2019, effective 19 June 2019. _______
No. 3. [3] O. 1, r. 4
SPECIAL SUMMONS _______
THE HIGH COURT
In the matter of ................ 20.... No. ... Between A. B.,
Plaintiff, and C.D.,
Defendant. (or if not inter partes) 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
Form 3 substituted by SI 475 of 2017, effective 27 November 2017. _______
No. 4. [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.)
_______
No. 5. [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.
_______
No. 6. [6] O. 27, r. 6
AFFIDAVIT VERIFYING INDORSEMENT UNDER O. 27, r. 6 _______
(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, etc.
_______
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 _______
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 _______
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 ..... 20... by .....
Dated
(Signed) _______
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, etc.
This affidavit is filed on behalf of, etc.
[To this affidavit shall be annexed the document signed by such guardian in testimony of his consent to act.]
_______
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
Form 5 inserted by SI 248 of 2005, effective 2 June 2005 and substituted by SI 475 of 2017, effective 27 November 2017. _______
O.11A, r. 8
MEMORANDUM OF APPEARANCE CONTESTING JURISDICTION
THE HIGH COURT
No 6 O.11A, r. 8 THE HIGH COURT *In the matter of Article 26(1) of Council Regulation (EU) 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 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
Form 6 substituted by SI 307 of 2013 effective 26 August 2013, substituted by SI 9 of 2016, effective 12 January 2016 and further re-substituted by SI 475 of 2017, effective 27 November 2017 _______
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
Form 7 inserted by SI 506 of 2005 effective 10 August 2005, substituted by SI 307 of 2013 effective 26 August 2013 and re‑substituted by SI 475 of 2017, effective 27 November 2017.
_______
O. 11C, r. 7
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
Form 8 inserted by SI 506 of 2005 effective 10 August 2005 and re-substituted by SI 475 of 2017, effective 27 November 2017. _______
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 Form 9 inserted by SI 14 of 2007 effective 13 February 2007, and substituted by SI 475 of 2017, effective 27 November 2017.
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