S.I. No. 157/2026 - Rules of the Superior Courts (Appearances) 2026

1. The address at which the Plaintiff ordinarily resides is:............ (state address accurately). The plaintiff’s address for service, if different from the plaintiff’s address mentioned above, should also be stated here

If the plaintiff consents to the service of documents in the proceedings by electronic mail, state the electronic mail address to which such documents may be sent

2. Plaintiff’s occupation

3. Plaintiff’s date of birth: .... Day .... Month ...... Year

4. Plaintiff’s Personal Public Service Number:...................

(If the Plaintiff has not been issued with a Personal Public Service Number, this must be stated) ...........

INDORSEMENT OF SERVICE

This Garda Compensation Personal Injuries summons was served by me at .............. on the defendant ............. on ........ day the ...........day of ............. , 20...

Indorsed the .... day of ............ 20 ...

(Signed)......

(Address)

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

These rules amend a number of Orders, in particular Orders 4, 12 and 84 by changing the time for filing an appearance in the High Court to 10 days and extending the requirement to file an appearance to respondents and other parties joined to the proceedings or named in the title who wish to be heard by the Court in proceedings commenced by originating notice of motion or brought by way of judicial review. They also provide for the filing of an appearance for the purpose of contesting jurisdiction.

5. In a claim referred to in section 23(6) of the 2022 Act, full particulars of the applicability of section 8(2)(b) of the 2022 Act to the claimant or person for whose benefit the claimant is bringing the proceedings and how the claimant or that person was wholly or partly dependent on the deceased Garda concerned;

6. The reliefs sought;

7. (Where appropriate) the particulars required by Order 4, rule 3A.

SCHEDULE

Particulars of Items of Special Damage

(Full particulars should be set out. Add additional sheets if necessary)

(Particulars of a general allegation should be set out in the indorsement under the paragraph containing such allegation and headed “Particulars of ...etc.” Where same are lengthy, they may alternatively be scheduled to the indorsement or set out in additional sheets appended to the Garda Compensation Personal Injuries Summons at time of issue and service.) ]

(Signed) _________

This Garda Compensation Personal Injuries summons was issued by the plaintiff ............

OR

This Garda Compensation Personal Injuries summons was issued by.............., solicitor for the plaintiff, whose registered place of business is............ *and who consents to the service of documents in the proceedings by electronic mail to ...............

The plaintiff’s personal details are as follows

17. An originating notice of motion in which a respondent is named shall have indorsed on it the following notice addressed to the respondent

“If you the respondent wish to be heard by the Court in these proceedings, you are required to enter an appearance in person or by solicitor in the Central Office, Four Courts, Dublin within ten days after service of this originating notice of motion on you (exclusive of the day of such service) or within such other time as is permitted by the Court.””;

(ii) by the substitution for rule 8 of Order 11A of the following rule

“8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 26(1) of Regulation No. 1215/2012 or Article 24 of the Lugano Convention, he or she may do so by entering an appearance in Form No. 10 in Appendix A, Part II, which shall additionally be entitled “In the matter of Article 26(1) of Regulation No. 1215/2012” or “In the matter of Article 24 of the Lugano Convention” (as the case may be).”;

(iii) by the substitution for rule 8 of Order 11B of the following rule

“8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court for the purposes of Article 18 of the 1968 Convention, he or she may do so in the Form No. 10 in Appendix A, Part II, which shall additionally be entitled “In the matter of Article 18 of the 1968 Convention.”;

(iv) by the substitution for rule 8 of Order 11C of the following rule

“8. Where a defendant wishes to enter an appearance to contest the jurisdiction of the Court, he or she may do so in the Form No. 10 in Appendix A, Part II, which shall additionally be entitled “In the matter of Regulation (EU) 2019/1111.”;

(v) by the substitution for sub-rule (1) of rule 2 of Order 12 of the following sub-rule

“(1) Save as otherwise provided for in rule 2(3), an appearance to any plenary summons, summary summons or originating notice of motion in which a respondent is named shall be entered within ten days after the service of the summons or motion, exclusive of the day of service, unless the Court shall otherwise order.”;

(vi) by the substitution for sub-rule (2A) of rule 2 of Order 12 of the following sub-rules

“(2A) A named respondent in proceedings commenced by originating notice of motion, and to whom notice of such motion has been given, and any other party joined to such proceedings by order of the Court or named in the title, who intends to appear in the proceedings shall enter an appearance to such notice of motion in the Form No. 9 in Appendix A, Part II, within ten days after service of the notice of motion or such other time as may be fixed by the Court. Where a respondent or other party is given notice of such motion after the date first fixed for the hearing of the notice of motion, he or she shall enter an appearance thereto within the time fixed by the Court for that purpose.

(2B) A respondent or other party in proceedings commenced by originating notice of motion shall not, without the leave of the Court, be entitled to be heard in such proceedings unless he or she has entered an appearance or otherwise has a statutory right to be so heard, provided that the Court may hear such person on foot of an undertaking to enter an appearance.

(2C) Sub-rule (2A) shall apply mutatis mutandis in inter partes proceedings commenced by any other originating document not otherwise referred to in this Order.

(2D) Subject to sub-rule (2A), the provisions of rules 1, 3 to 8 inclusive, 10 to 13 inclusive, and 26, shall, as far as applicable and with any necessary modifications, apply to an appearance entered in accordance with sub-rule (2A), or sub-rule (2A) as applied by sub-rule (2C).

(2E) For the avoidance of doubt, the entry of an appearance does not confer on a person a right to be heard that such person would not otherwise enjoy.”;

(vii) by the deletion from Order 12 of rule 4;

(viii) by the insertion immediately following rule 18 of Order 12 of the following rule

“18A. (1) An appearance may be entered with the plaintiff’s written consent to extend the time, given under Order 122, rule 8, but an appearance may not be entered, except with the leave of the Court, if the plaintiff has obtained judgment in default of appearance.

(2) Where an appearance is entered outside the time permitted for that purpose, with or without the plaintiff’s consent, judgment in default of appearance shall not subsequently be given unless the Court, on the application of the plaintiff on notice, sets aside the appearance.

(3) Where an appearance is entered outside the time permitted for that purpose, without the plaintiff’s consent, the plaintiff shall be taken to have waived any objection to late entry of the appearance by a subsequent written consent to extend the time, given under Order 122, rule 8, or by taking a further step in the action. ”;

(ix) by the insertion immediately following rule 29 of Order 12 of the following rules

“30. An appearance may be expressed as unconditional, or as conditional for the purpose of objecting to the jurisdiction of the Court. Where a conditional appearance has been entered and the Court dismisses the objection, the party who has entered a conditional appearance may enter an unconditional appearance within ten days from the date of the order of the Court, without prejudice to the right to appeal the order dismissing the objection.

31. Notwithstanding any other provision of these Rules, a person who contests the validity of the service on him or her of any originating or other document may be heard on the issue of the validity or otherwise of such service although he or she has not entered an appearance.”;

(x) by the substitution for rule 3 of Order 13 of the following rule

“3. Where any respondent in proceedings commenced by originating notice of motion fails to enter an appearance to such notice of motion (or, having failed to enter an appearance, has not been heard by leave of the Court in accordance with sub-rule (2B) of rule 2 of Order 12), the Court may, on the hearing of the motion, if satisfied as to the service of notice of the motion on that respondent, grant such of the reliefs sought in the notice of motion against such respondent as seem just and proper.”;

(xi) by the substitution for sub-rule (1) of rule 4 of Order 16 of the following sub-rule

“(1) The third-party may enter an appearance in the action within ten days from service or within such further time as may be directed by the Court and specified in the notice: Provided that the third-party failing to appear within such time may apply to the Court for leave to appear, and such leave may be given upon such terms, if any, as the Court may think fit. The memorandum of appearance shall be in the Form No. 3 in Appendix A, Part II.”;

(xii) by the substitution for sub-rule (4) of rule 22 of Order 84 of the following sub-rule

“(4) Any respondent or notice party who intends to appear on an application for judicial review by way of motion on notice or an application on notice for leave to seek judicial review

(a) shall enter an appearance in accordance with Order 12, rule 2(2A) within ten days of being put on notice of the proceedings or such other time as may be fixed by the Court, and

(b) shall, if that respondent or notice party intends to oppose the application for judicial review following the grant of leave, within three weeks of service of the notice on the respondent concerned or such other period as the Court may direct, file in the Central Office and serve copies on all other parties of

(i) a statement setting out the grounds for such opposition, and the name and registered place of business of the respondent’s or notice party’s solicitor (if any), and

(ii) if any facts are relied on in that statement, an affidavit, in Form No. 14 in Appendix T, verifying such facts.

For the avoidance of doubt, the provisions of Order 12, rule 2(2E) apply to entry of an appearance in accordance with this rule.”; and

(xiii) by the substitution for rule 54 of Order 136 of the following rule

“54. A respondent or defendant in any proceedings commenced by originating notice of motion pursuant to this Order, and to whom notice of such motion has been given, shall enter an appearance to such notice of motion in the Form No. 1 in Appendix A, Part II, with such modifications as may be necessary, within ten days after service upon him of the originating notice of motion or notice thereof. Where a respondent or defendant is given notice of such motion after the date first fixed for the hearing of the notice of motion, he shall enter an appearance thereto within the time fixed by the Court for that purpose.”.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

17

th April,

2026.

We, the Superior Courts Rules Committee, by virtue of the powers conferred upon us by

section 36

of the

Courts of Justice Act 1924

,

section 68

of the

Courts of Justice Act 1936

(as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

) and

section 14

of the

Courts (Supplemental Provisions) Act 1961

, and with the concurrence of the Minister for Justice, Home Affairs and Migration, make the following Rules of Court.

Dated this 2nd day of April, 2025.

Donal O’Donnell (Chairperson)

Caroline Costello

Yvonne McNamara

David Barniville

Gráinne Larkin

Elizabeth Dunne

Michele O’Boyle

Brian R. Murray

Áine Hynes

Mary Faherty

James Finn

Nuala Butler

Mary Cummins

Richard Humphreys

John Mahon

Siobhán Phelan

I concur in the making of the following Rules of Court.

Dated this 10

th

day of April 2026.

____________________________

Jim O’Callaghan

Minister for Justice, Home Affairs and Migration