President’s Notice
Guidance for litigants in person in the Non-Jury and Judicial Review Lists
- Does this Guidance Notice apply to my case?
This Guidance Notice applies to all cases in the Non-Jury list and the Judicial Review list.
The Non-Jury list includes appeals from the Circuit Court, appeals against a decision of a statutory body, summary summons (debt cases) and negligence/breach of contract cases.
The Judicial Review list includes challenges to decisions of statutory bodies, government departments, decisions by Ministers, constitutional challenges and decisions of the District and Circuit courts. (Judicial review is not an appeal against decisions of District and Circuit courts.)
If your case falls into any of these categories, this Guidance Notice will apply to you.
More information about representing yourself can be found at: https://www.courts.ie/guidelines-persons-representing-themselves-high-court.
- Getting your case ready for hearing
Before getting a hearing date, your case will appear along with lots of other cases in a “for mention” list.
The “for mention” list is a case management list. The judge will focus on procedural matters, such as the dates by which affidavits are to be delivered or motions are to be brought. It is not the hearing of your case. The case management judge will tell you what steps you must take to ready the case for hearing. You might be told, for example, to file an affidavit by a specified date.
You can appear in that list either in person or on-line. The details for the on-line attendance are https://confpool.remotecourts.ie/webapp/conference/77786883@remotecourts.ie. If you are going to appear on-line, make sure your IT is in good working order so you can be seen and heard. You should turn on your camera and microphone only when it is your turn to speak. Further details of how to conduct an on-line hearing may be found at https://www.courts.ie/remotecourts.
Every time you appear in the “for mention” list, the judge will give you the next “for mention” date and tell you what actions you are to take. You can track the progress of your case by going to https://courts.ie/highcourtsearch. (Please note that if your case is “in camera” or there are reporting restrictions you will not be able to access your case via the public High Court search.)
If you don’t appear at a “for mention” date, your case might be struck out. If you cannot appear on the date provided, you must contact the other party (ideally in writing) and explain your position and ask them to bring it to the attention of the judge.
- When will my case be heard?
When your case is ready for hearing i.e., when the pleadings or affidavits are all exchanged, the case management judge will give you a hearing date. Cases are not usually given a hearing date until all the papers have been exchanged. Once you get a hearing date, you are not entitled to take any further step, including filing new affidavits, unless you have been given permission from the judge to do so.
You should take a careful note of your hearing date. You can track the progress of your case by going to https://courts.ie/highcourtsearch.
- Written Submissions
When you are given a hearing date, the judge will tell you the date by which you must lodge your written submissions. Written submissions are not evidence. They are a short summary of the legal arguments that you wish to make at the hearing. Practice Direction HC97 on written submissions will give you further information https://www.courts.ie/content/written-submissions-and-issue-papers.
You must send your written submissions to the other parties, as well as copies of any legal authorities you wish to rely on. You should also send them to highcourtsubmissions@courts.ie.
You should receive the written submissions of the other parties and copies of the legal authorities that they intend to rely upon.
- What should I do to prepare for the hearing?
Lodging the books
One of the parties will be responsible for lodging the books for the hearing. You will be told by the case management judge if this is your responsibility. If it is, you must lodge them by close of business the Tuesday of the week before your hearing date, in the List Room (not the Central Office). The List Room is in the Four Courts building.
For example, if your case is on Wednesday 10 October, the books must be lodged by close of business Tuesday 2 October i.e., the Tuesday of the week before the hearing.
The books must contain the pleadings, all affidavits, all exhibits, the written submissions and any legal authorities that you wish to rely upon. Those books are for the judge who is assigned to hear your case to read in advance.
If the books are not in the List Room before the call over, your case may lose its hearing date.
Attending the call over
On the Thursday of the week before your hearing date, there will be a call over of the cases for the following week in Court 6 at 10am.
For example, if your case is on Wednesday 10 October, the call over will take place on Thursday 4 October i.e., the Thursday of the week before the hearing.
The call over allows the case management judge to make sure that the case is ready for hearing the following week.
You should attend the call over either in person or remotely to confirm your case is ready to go ahead unless the judge has told you that there is no need to attend. If you do not attend, your case may lose its hearing date.
- Do I have to come to the Four Courts for my hearing?
Hearings usually take place in person. If you want to attend the hearing on-line, you must ask the judge at the call over to direct an on-line hearing, or a hybrid hearing, where some parties are on-line and some attend in person. The judge will decide what type of hearing will take place.
If you do not look for a remote hearing at the call over, you will not be able to attend on-line on the day of the hearing.
- What will happen on the hearing date?
Your case will be sent to a judge for hearing. If you have not been told what court to attend by the other side, you should attend at the case management court at 11am to find out what court to attend.
You must attend the hearing. If you do not attend on the hearing date, your case may be struck out or may go ahead without you.
You should have your own copy of the books in court with you. You will not be entitled to introduce new material on the hearing day. You might want to bring a pen and paper to court with you to take notes of what the lawyers for the other parties say.
If you need time for a break during the hearing, you can ask the judge hearing the case for assistance.
- After the hearing
When the hearing is at an end, the judge hearing the case will explain whether they can give their decision immediately or whether they need time to prepare a written decision. Decisions given orally are known as “ex tempore” decisions. If you receive an oral decision, you can ask the judge to give you a record of the decision in writing by looking for a transcript of the Digital Audio Recording (“DAR”). If the judge decides to make an order allowing you to take up the transcript, you will be required to pay for it. You will need to contact Epiq Global Limited (who are contracted to the Courts Service) (their contact details are below) and provide them with a copy of the order. The costs involved in obtaining a transcript are not a matter for the Courts Service.
(Contact Epiq Global Limited at: 4 Chancery Lane, Dublin 8. Tel: 01 571 0220. Email:dublinoffice@epiqglobal.ie)
Decisions that are given later in writing are known as “reserved” judgments. You will be told of the date for the written judgment by the registrar. Written judgments are published on the Courts Service website at: https://courts.ie/judgments.
You should be aware that the papers will not be returned to you after the hearing.
16 July 2024
David Barniville
President of the High Court