Civil summons in Ireland
Information
in Ireland, a civil summons is issued to commence proceedings in the District Court. Usually a civil summons is prepared by the Plaintiff's solicitor. The stamp duty must then be paid on the civil summons and the District Court Office will write on it a date, time and place for the court hearing.
The civil summons must then be served on the Defendant. There are two ways to serve the civil summons:
- By a summons server at least 14 days before the date of the hearing
- By registered prepaid post at least 21 days before the date of the hearing
A copy of the summons may be given to the Defendant personally, to the Defendant's wife or husband, child, employee or agent at his/her last known residence or workplace, as long as that person is not under 16 years of age
A copy of the summons may be sent by registered prepaid post to the Defendant's last known residence or place of business.
Rules
The civil summons must contain the following information:
- A description of the parties. The summons must state the surname, first name, the residence or place of business and the occupation of the Plaintiff and the Defendant
- A statement of the claim. The summons must clearly and concisely set out the allegations that are being made by the Plaintiff. It should clearly indicate to the Defendant that he or she has a case to answer.
- The summons will either state the specific amount to which the Plaintiff claims he or she is entitled (which cannot be more than 6,348.69 euro) or it must state that the Plaintiff's claim is limited to the jurisdiction of the court. The Plaintiff cannot seek more than 6,348.69 euro from the District Court.
- The summons must recite the appropriate District Court area in which the claim is being brought.
- The summons will specify the place, date and time of sitting of the court hearing.
- The summons must set out that if the Defendant pays the amount claimed and costs within 10 days of service of the summons, then the proceedings will not be continued.
- The summons must contain two detachable Notice of Intention to Defend and it must explain what steps the Defendant must take if he or she wishes to dispute the claim.
- The summons must be dated and signed by the Plaintiff or his/her solicitor.
Rates
The stamp duty that must be paid when a Civil Summons is issued is 15 euro.
Language
Related Documents
- Originating summons
An originating summons is a summons that usually issues civil proceedings in the High Court in Ireland. - Civil Bills
In Ireland, a Civil Bill is a document that you must serve on the Defendant in order to commence proceedings in the Circuit Court. - Statement of Claim
A Statement of Claim is a document that shows the Defendant the case that is being made against him or her, which he or she must answer in court in Ireland.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.