Entering an appearance in a civil case
Information
When a Defendant receives a Civil Bill in a Circuit Court case, he or she should "enter an appearance" within 10 days. If the case is a High Court case, the Defendant should enter an appearance within 8 days of receiving the originating summons. These time limits are not strict and in most cases, an appearance can be entered after the time has expired.
Entering an appearance is a very important step as it is indicates that the Defendant intends to defend the proceedings.
If the Defendant fails to enter an appearance, the Plaintiff can apply to Court for "Judgement in Default of Appearance". This means that because the Defendant has failed to acknowledge the proceedings and indicate that he or she intends to defend them, the Plaintiff may obtain a judgement from the court against the Defendant without the need for a trial.
Rules
To enter an appearance, the Defendant must lodge a short form at the Circuit Court Office or the Central Office. The Plaintiff's solicitor must then be notified by the Defendant that an appearance has been entered. The short form must contain the following information:
- The date
- The name of the Defendant's solicitor. If the Defendant does not have a solicitor, it must state that the Defendant defends in person.
- The form must also give the solicitor's address. If the Defendant does not have a solicitor, it must state an address where documents can be left for him or her.
Rates
There is no fee or stamp duty for entering an appearance in the Circuit Court. In the High Court, there is a fee of 10 euro.
Your solicitor and barrister will charge fees for their services.
Language
Related Documents
- Delivering the Defence in a civil case
This document discusses what happens when a Defendant delivers a "Defence" to the plaintiff during a civil case in the Circuit Court or the High Court in Ireland. - Writs and pleadings
This document provides a general overview of writs and pleadings in civil cases in Ireland. - Notice of Intention to Defend
A Defendant in a civil case must issue a Notice of Intention to Defend if he or she intends to defend a case 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.