Circuit Court civil proceedings are applied for in the local Circuit Court office in the form of a Civil Bill (see Circuit Court forms).
The Civil Bill must be sent to the Circuit Court Office for issuing. Stamp duty must be paid on a Civil Bill before it can be issued by an Circuit Court office. The fees payable in respect of Civil Bills are set out in the current Circuit Court Fees Order.
The plaintiff/plaintiff’s solicitor must serve the civil bill on the defendant. See Order 11, Circuit Court Rules, Courts Act 1964 (s.7) and Companies Act 2014.
The civil bill must contain the following information:
- A title - the plaintiff’s name and the defendant’s name make up the title of the proceedings
- What kind of civil bill/personal injury summons it is, for example ‘Ordinary Civil Bill’
- A description of the parties. Provide the surname, first name, the residence or place of business and the occupation of the plaintiff and the defendant
- A statement of the claim. State the nature, extent, and grounds of the plaintiff’s claim against the defendant. Clearly set out the allegations that are being made by the plaintiff and the damage that the plaintiff suffered. State what the plaintiff is seeking from the court
- The appropriate circuit in which the claim is being brought
- The civil bill/personal injury summons must be dated and signed by the plaintiff or his/her solicitor
- In the case of a personal injury case (except in the case of medical negligence), the summons must contain a declaration that the plaintiff has been to the Personal Injuries Assessment Board (PIAB) and has PIAB’s authorization to proceed with the application to court. This declaration should be the first point in the endorsement of claim. It should state the date the certificate from PIAB was granted and the number of the certificate. The summons must also include the plaintiff’s PPS number or (where none) that the plaintiff does not have one.