Civil Procedure: Running a Case from Originating Document to Judgment
Civil Procedure tests how a case is run in the Irish courts - forum and jurisdiction, originating documents, service, pleadings, discovery, motions, costs and appeal under the Rules of the Superior Courts 1986, the Circuit Court Rules 2001 and District Court Rules 1997. Answers earn marks by naming the rule or case and applying it.
Choosing the originating document and forum
Plenary summons for disputed facts; summary summons (special endorsement) for a liquidated sum; special summons where affidavit evidence suffices, such as probate. Forum follows quantum: since the Courts and Civil Law (Miscellaneous Provisions) Act 2013 the District Court limit is broadly €15,000 and the Circuit Court €75,000, while High Court jurisdiction is general under Article 34.3.1°. Limitation: six years contract and tort, two years personal injury, one year defamation.
Progressing the action
Enter an appearance within eight days of service in the High Court; the statement of claim follows within 21 days of appearance, the defence within 21 days of the statement of claim. Plead material facts, not evidence, and keep every claim within the endorsement. Motions are on notice, grounded in an affidavit.
Discovery and summary judgment
Order 31 confines discovery to documents relevant and necessary to the pleaded issues; privilege and proportionality are the standard objections. Under Order 37 the defendant to a liquidated claim must show a fair or reasonable probability of a bona fide defence (First National Commercial Bank v Anglin [1996]); the court does not try the action on the motion.
Worked example
A supplier sues a company for €48,000 invoiced and unpaid, issuing a summary summons. The company's replying affidavit asserts the goods were defective but gives no dates, amounts or documents. The court asks whether a fair or reasonable probability of a defence exists: a bare assertion of set-off, unsupported by particulars, fails; liberty to defend would be refused and judgment entered, with costs following the event. Had the claim been for €90,000, the Circuit Court would lack jurisdiction and the High Court plenary process would be indicated.
Traps
Traps: applying the six-year period to a personal injury claim; issuing a summary summons for unliquidated damages; and forgetting the PIAB authorisation required before a personal injuries action.