CODE OF CIVIL PROCEDURE IN IRELAND

This article will provide guidance on the Code of Civil Procedure in Ireland. Irish law is based on the common law system used in England and Wales; hence judicial rulings made in the United Kingdom are often accepted as binding precedents in Ireland. Modern law derives mostly from statutes, EU law, and delegated legislation, much as it does in the UK. The Oireachtas is the Irish parliament, which consists of two houses.

BACKGROUND

The Constitution of Ireland is a written document that can only be changed via a popular vote and that, outside of the jurisdiction of the European Union, is supreme. If legislation is deemed to violate the constitution, including personal rights clauses, the High Court and, on appeal, the Court of Appeal and Supreme Court have the authority to declare the law null and void. Irish courts, like their American counterparts, have taken an aggressive stance when reading the Constitution. The Constitution, including the right to a fair hearing, the right to judicial adjudication of disputes, and the right to private property, influence several aspects of Irish norms of civil process. It should be noted that service of process in Ireland requires the process server to be familiar with the rules of the land and international laws to serve the process swiftly and efficiently.

In 2003, the Irish parliament ratified the European Convention on Human Rights, and it became part of Irish law. When going up against an ‘instrument of the state’ in an Irish court, a client may immediately use their Convention rights. An adversarial approach is used in civil litigation in Ireland. It differs from English because it continues to rely heavily on oral traditions. Most cases not resolved out of court go to a judge-only trial where both sides present their case in written briefs.

SUMMONS PROCEDURE IN IRELAND

Summonses are the primary means of initiating proceedings in the High Court. This is true in the vast majority of cases (including almost all cases seeking damages as one of the remedies sought). The time during which a summons may be served is twelve months from the day it was issued; however, the court can extend this term for a good cause. The plenary summons is endorsed solely with the remedy requested and is meant to be followed by an exchange of pleadings and a trial on oral evidence.

Proceedings launched by summary and special summons are designed to be expedited and brief since it is assumed that the issues at hand may be resolved without the need for lengthy pleadings or testimony. A short explanation of the legal basis for the action and the precise remedy sought should accompany each type of summons.

The major pleadings are the statement of claim and defense (with or without counterclaim). In most cases, a response will be given, although this is by no means required. No preparatory measures have been established. Broad pleading has traditionally been tolerated in Irish courts, with defenses often amounting to a string of denials meant to shift the burden of evidence to the plaintiff.

A defense must be served within twenty-eight days following the date of service of the statement of claim, although these deadlines might be extended or shortened if necessary. A complete schedule for pleadings is often agreed upon or directed at the first directions hearing in the Commercial Court.

STARTING PROCEEDINGS IN IRELAND

It is common practice for one party to write to the other before initiating legal proceedings, and the parties often converse with one another before filing formal complaints. If the exchange of communication has not addressed the difficulties, the claimant begins proceedings by filing a summons (writ) in the appropriate court office. The form of summons will depend on the nature of the proceedings.

A summary summons is the first legal document in these cases. It is important to involve a private process server like those at Undisputed Legal to ensure your summons are cared for. They are used when no spoken testimony is needed to get a liquidated sum from a defendant. In their affidavit, the claimant describes the basis of their claim and attaches supporting evidence. When oral testimony is necessary, a plenary summons should be filed to initiate one. Plenary summons simply provides a high-level summary of the matter. An appearance is a legal document that signals to the court that the defendant has received the summons and intends to defend themselves. The next step is for the claimant to serve a statement of claim, which will elaborate on the basis for the claim and the reliefs requested. A party may issue a notice seeking particulars to the other party requesting further information on a claim or defense made in a statement of claim or defense.

The defendant may respond to the summary summons with an affidavit setting out the basis for its defense and explaining why an oral hearing is essential. Before a motion for summary judgment may be heard in court, it is customary for the parties to submit and cross-examine supporting affidavits. Affidavits may be exchanged whenever the parties see fit; however, the courts will often set a deadline if they fail to do so.

A claimant's motion for judgment is heard after the parties have exchanged affidavits, and the judge makes a decision based on the affidavits alone. A court would often rule in favor of the claimant if it can be shown from the affidavit evidence that the defendant has no legitimate basis on which to defend the case. A judge may order a plenary hearing with the benefit of oral evidence if he or she determines that the parties' positions are sufficiently at odds.

PRE-TRIAL HEARING IN IRELAND

The court may order a pre-trial hearing to determine a legal issue. The hearing might take place before any evidence is offered or any question or matter of fact is tested. A judge may also order a modular trial, in which each issue is heard. A court may do this if it would save time and expenses and if any of the parties experience no damage.

The defendant is permitted to provide a defense (and counterclaim, if any). If you have been served with a statement of claim or appearance, you have eight weeks from the date of service to file your defense under Order 21 of the Rules of the Superior Courts. It is normal practice, however, for the parties to agree to a further extension of this time range so that the claimant may provide sufficient particularity.

The court may order a pre-trial hearing to determine a legal issue. The hearing need not occur during the presentation of evidence or the trial of any questions or issues of fact. A judge may also order a modular trial, in which each issue is heard. If the court determines that doing so would save both time and money, and if no party is harmed in the process, it may make such an order.

INTERNATIONAL REQUIREMENTS IN IRELAND

Following the Rome I Regulation (593/2008), courts in Ireland will typically respect a contract's choice of law. Even though the parties have agreed that the law of another country applies to their contract, Irish law may nevertheless apply if its necessary provisions conflict with the other country's law. In accordance with the Hague Service Convention, our process servers are capable and efficient in serving civil and commercial proceedings. The treaty's terms apply to serving of process in civil and commercial actions but not in criminal situations. If the address of the person served with the document is unknown, the Convention will not apply either.

Even though the parties have chosen Irish law as the applicable law to their contract, the Irish courts may nonetheless apply the law of another nation if all other components relevant to the parties' circumstances are situated in that other country. The principle of lex fori dictates that Irish law should be applied in the absence of a choice of law provision if the courts are convinced that Ireland is the proper jurisdiction.

A defendant residing in Ireland may make it easier for foreign parties to serve them by designating an attorney or agent in that country to accept serving of process on its behalf. However, when this is not feasible, there are other ways to conduct service in Ireland. It is preferable to engage the facilities of a private Ireland process service agency like Undisputed Legal since we conduct process service across the globe and are familiar with global service necessities. We immediately provide a copy of your service receipt, so you are aware of where your service is, and we ensure that we are accountable to our clients for all their documents.

Service might be made in accordance with the Service Regulation (1393/2007) if the proceedings were issued in another EU member state by lodging the proceedings with the transmitting agency in the country where the proceedings are issued. The documents will then be forwarded to the Irish receiving agency (the county registrar), who will effect service or by using local agents to effect personal service.

Service may be made in accordance with the Hague Service Convention of 1965 by lodging the proceedings with the central authority in the country where the proceedings were issued; the documents will be forwarded to the Irish central authority (the Master of the High Court), who will effect service. This procedure applies even if the proceedings were issued in a non-EU country.

The Taking of Evidence Regulation (1206/2001) outlines the process to follow if the proceedings are in an EU member state. Either the Circuit and District Court Operations Directorate or the Dublin Metropolitan District Court (the specified sought court) must receive the application from the asking party (the designated central body). The relevant Irish authorities must process the request within ninety days of receipt.

ENFORCEMENT OF JUDGEMENTS IN IRELAND

The Recast Brussels Regulation governs the implementation of EU decisions in procedures initiated after January 10, 2015. There will be no requirement for a judicial order from an Irish court to enforce a judgment. It is necessary to make an ex parte application to the Master of the High Court, exhibiting, among other things, a certified copy of the judgment for judgments covered by the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 2007 and/or the 2005 Hague Convention on Choice of Court Agreements.

Opposition to the implementation of a decision covered by the Recast Brussels Regulation or the treaties is possible only in restricted situations. Undisputed Legal assures quality and thoroughness in handling documents when it comes to civil or commercial matters requiring service abroad. Requests for service can be made via the Hague Service Convention, the Inter-American Convention, or by letters rogatory through diplomatic channels. Service to private persons and businesses in the United States is within the purview of the U.S. Central Authority. We ensure that your documents are guided thus with the utmost integrity.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
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Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN IRELAND

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Ireland process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. For instance, there is no established protocol for judges to hear cases privately in chambers and the statutes that allow such hearings are strictly construed and implemented.

2. The need for elaborate pleading is developing in business law. However, requests for particulars are often used to learn as much as possible about an opponent's case. All applications for interlocutory relief between the parties, including applications to compel the furnishing of particulars, must be submitted by notice of motion to the court.

3. However, in 2004, the law was changed so that anybody involved in a personal injury case had to swear under oath to verify the accuracy of any assertions, allegations, or denials made in their pleadings.

4. The defendant is permitted to provide a defense (and counterclaim, if any). Order 21 of the Rules of the Superior Courts specifies that a defense must be served within eight weeks after serving a statement of claim or appearance. It is normal practice, however, for the parties to agree to a further extension of this time range so that the claimant may provide sufficient particularity.

5. It is common practice for one party to write to the other before initiating legal proceedings, and the parties often converse before filing formal complaints.

6. If the parties are still at odds after an exchange of letters, the claimant may initiate legal action by submitting a summons (writ) to the proper court office (which does not yet have an e-filing capability). Depending on the nature of the proceedings, a different kind of summons may be issued.

7. Some examples include consumer protection and labor legislation.

8. If one of the parties contests the applicability of Irish law, the courts must follow Rome I with respect to claims arising out of the contract and Rome II with respect to claims arising out of the relationship between the parties outside of the contract

9. The Foreign Tribunals Evidence Act of 1856 governs the process if the proceedings take place in a country outside the European Union. According to this Act, the asking court must send a rogatory letter to the Irish High Court. As a rule, Irish courts will grant such pleas, although they are within their rights to say no. If the deposition hearing is authorized, an Irish court will appoint a Commissioner to preside.

However, the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970, has not been ratified by Ireland.

10. Irish common law governs enforcement requests for judgments not rendered under EU/Lugano/Hague law. In conclusion, a decision must:

Be for a specific amount;
Have been issued by a court of competent jurisdiction;
Be final and binding