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Glossary
TermDescription
Advice On Proofs Directions given by Counsel at the close of pleadings and prior to the trial of an action, setting out witnesses to be called, the documents to be produced and any other action to be taken to prepare the case for hearing.
Affidavit A written document setting out facts which is sworn by the person making it.
Appearance A formal document served by a Defendant on the Plaintiff informing him that he intends to defend the proceedings. It is also filed in the appropriate Court Office. It is used in the Circuit Court and in the High Court. The equivalent in the District Court is a Notice of Intention to Defend.
Appellant One who appeals a decision of a lower Court to higher Court. The Appellant may have been the Plaintiff or the Defendant in the lower Court.
Applicant The person who brings a motion before the Court.
Averment An allegation or affirmation in pleadings.
Bespeak If you want a copy of a High Court Order, you must bespeak it i.e. go to the Central Office, check in the order book that the order has been drawn up and then fill in a form requesting a copy. Stamp Duty will be payable on the order and you will be told the amount by the Central Office.
Brief Written instructions and copy documents given to Counsel to enable him to represent a client at a hearing.
Central Office The main office of the High Court based in the Four Courts in Dublin. All summonses or motions are issued by the Central Office and any Affidavits etc to be lodged must be lodged with the Central Office. The Central Office also issues Court Orders.
Certified Copy A copy, including a photocopy, of a document on which a Solicitor has written "I certify this to be a true copy of the original (summons, affidavit or whatever) dated the day of 20 . Signed & Company, Solicitors for the (Plaintiff/Defendant)"
Certificate Of Readiness A Certificate signed by the Plaintiff's Senior Counsel in a non jury action confirming that the case is ready for trial. It must be filed in the Central Office when the case is being set down. The case will not be put into the list to fix dates until the Certificate has been filed.
Circuit Court Area The geographical area within which a particular Circuit Court has jurisdiction. Check before issuing proceedings that you have chosen the right area.
Civil Bill The document that is used to initiate proceedings in the Circuit Court.
Civil Summons The document that is used to initiate proceedings in the District Court.
Clear Days Working days.
Committal Order Direction by a Judge that a person be lodged in prison until he purges his contempt.
Concurrent Summons A duplicate original High Court Summons, most commonly issued for service out of jurisdiction.
Contempt Of Court Failure to comply with Court Order or an act of resistance to the Courts or its Judges.
Counterclaim If the Defendant has a claim against the Plaintiff, instead of bringing a separate action, he may raise it in the Plaintiff's action by adding to his Defence a Statement of Facts on which his claim is based and the relief that he seeks.
Cross Examination The examination of a witness by the opposite side, generally after examination in chief.
Damages Monetary compensation awarded to the Plaintiff for the loss etc that he/she suffered.
General Damages General Damages are awarded for pain and suffering, loss of enjoyment of life etc.
Special Damages Special Damages are the actual expenses or loss suffered. General and Special Damages may be awarded to date of trial only or for the future as well.
Defence A formal document delivered by the Defendant to the Plaintiff in reply to a Statement of Claim. It may contain allegations against the Plaintiff in the form of a counterclaim or in an allegation or contributory negligence.
Defendant The person against whom proceedings are brought.
Deponent The person who swears an Affidavit.
Discovery Where one party to an action obtains an order directing another person to set out, in an Affidavit, all documents which are or have been in his possession or power or procurement which are of relevance to the case. The person ordered to make discovery need not be a party to the action.
Endorsement Of Service A written statement on the back of a document such as a Summons or Notice of Appeal setting out the day, date, time and manner in which the document was served and the name, address and occupation of the person who served it. It must be signed by the person who served it.
Engross Make a fair (true) copy.
Entry Filing a document in the relevant Court Office.
Ex Parte An application made by one party in the absence of the other parties.
Examination In Chief Also known as evidence in chief. That means the examination of a witness by the party who called him to give evidence.
Examiner An official of the High Court with power to take accounts and conduct enquiries as ordered by the Court.
Execution Enforcement of a judgment.
Fi Fa An order of a fieri facias which commands the Sheriff to levy the goods and chattels of a Debtor for the amount recovered in a judgment.
Garnishee A Debtor who has been ordered by the Court to pay his debt, not to his own creditor but to another who has judgment against the Creditor.
Hearsay Evidence Evidence of a fact not perceived by a witness with his own senses but asserted by him to have been stated by another person.
Injunction A Court Order directing someone either to do or to refrain from doing something.
Interlocutory Applications made during the course of an action and not the final determination of the action.
Inter Parties Between the parties to an action.
Judge's List A list of cases to be heard by a Judge of the High Court. The term is usually used in reference to cases transferred from the Master's Court and it means the list of cases where oral evidence will not be required.
Judgment In Default Can be obtained by the Plaintiff on application to the Court if the Defendant fails to do something within the proper time.
Law Terms The portion of the year which the High Court sits. There are four terms.
Leading Question A question which suggests to a Witness the answer which the party examining wants him to give. They are normally not admitted except in cross examination or in repsect of information which is not in dispute between the parties.
Legal Diary A list published every day during the Law Terms and showing a list of the cases to be heard by the Supreme Court, the High Court, the Master of the High Court, the Examiners of the High Court, the Taxing Masters and the Circuit Court sitting in Dublin. It also contains practice directions.
List Number When a case is set down for hearing in the High Court it is assigned to a particular list and given a number. The cases are then heard in numerical order within the particular list.
List To Fix Dates Non jury cases are put into the list to fix dates when they have been set down for hearing and the Plaintiff's Senior Counsel has certified that they are ready. The list to fix dates is called over before a High Court Judge who assigns a date to it when he knows how long the hearing is likely to take etc.
Lodgement A sum of money paid into Court by a Defendant with or without an admission of liability.
Long Vacation August and September when the Supreme Court and the High Court do not normally sit. There are vacation sittings held regularly to deal with urgent business.
Motion An application to Court for an order directing that something be done in the Applicant's favour. It is usually on notice to the other side but it may be ex parte.
Notice Of Appeal A document prepared by the party who is dissatisfied with a Court decision referring the matter to higher Court. It must be served on the other party and filed in the relevant Court office.
Notice For Particulars A letter requesting details of the claim or defence in an action so that the person requesting the particulars knows what case he has to meet.
Notice Of Intention To Defend A notice prepared by the Defendant in a District Court case. Served on the Plaintiff and filed in the District Court Office to to indicate that he intends to defend the proceedings. It is the equivalent of both the appearance and defence in the Circuit and High Courts.
Notice Of Trial. A document prepared, usually by the Plaintiff, in the Circuit or High Court actions when the pleadings have closed. It is served on the other side and filed in the relevant Court Office.
Perfecting Of Order The Order is drawn up and signed by the Registrar.
Petition A written statement addressed to the Court setting forth the facts on which the petitioner bases his application.
Petitioner One who makes a petition.
Plaintiff The person who brings Court proceedings.
Pleadings Written statements delivered by the parties to an action to each other in which the basis of their respective cases is set out.
Plenary Summons A document issued by the Plaintiff and served on the Defendant to give him notice of the claim against him and compelling him to appear and answer it if he doent admit it. It is the first formal step in a High Court action in cases where oral evidence will be required if the matters goes to Court.
Practice Directions Directions and notes indicating the views of Judges, the Master of the High Court and Registrars regarding matters of practice and procedure in the Courts. They are usually published in the legal diary.
Praecipe A form giving particulars of a doucment which is to be prepared or issued, for example a subpoena.
Proceedings An action.
Proof A particular piece of evidence required to prove a fact.
Purging Contempt When a person disobeys a Court Order he is in contempt of Court. He purges his contempt when he apologises to the Court and obeys the order.
Quantum Meruit As much as he has earned. Where work is done or service is performed in circumstances where it is implied that the work etc will be paid for, the worker can sue on a quantum meruit.
Recognisance An obligation or bond acknowledged before the Court or a Commissioner to secure the performance of some act. A bail bond is an example. A person appealing against an order made in a District Court civil case must enter into a recognisance to obtain a stay on the Court Order.
Record Number The number assigned to a case by the relevant Court Office. It usually consists of the year in which the case was commenced and a number which is the next number in the sequence. In the High Court, there is also a letter, which shows whether the summons issued is a Plenary Summons, Special Summons or Summary Summons.
Reply A pleading in the High Court served by the Plaintiff on a Defendant challenging allegations made in the Defence.
Respondent The person who resists the appeal of an appellant or against whom a petition or an application is presented.
Return Date The date shown on a document served on another as the date on which that other must appear in Court. The action or motion may be tried on that date or a date for hearing may be fixed.
Rule Of Court Either a procedural rule e.g. the Rules of the Superior Courts or an order made by a Court in a particular case. If an action is settled without being heard the settlement can be made a Rule of Court and enforced.
Sealed Original Summons The original of a Plenary, Special or Summary Summons which has been issued by the Central Office and to which the official seal of the High Court has been affixed.
Security For Costs Following an application by the Defendant, a Plaintiff in an action may be required to give security for costs before continuing with an action. The amount of the security will be determined by the Master of the High Court and is usually less than the total expected costs of the action. An order will usually only be granted where the Plaintiff is a limited company without assets or where he resides outside the jurisdiction.
Service Bringing proceedings etc to the attention of the person named in them. It may be personal or by registered post or by ordinary post. Different rules apply to different documents and Courts.
Setting Down When Pleadings have closed in the High Court and a Notice of Trial has been served, the party who wishes the case to be heard (usually the Plaintiff) must set the case down for hearing. This is done by completing a setting down docket and filing it in the Central Office with two books of pleadings. For non jury cases, a Certificate of Readiness will be required as well. When a case is set down, it is put into the appropriate list and a list number is assigned to it.
Special Summons The originating document in a High Court action, which can be dealt with on Affidavit.
Statement Of Claim A formal document delivered by the Plaintiff to the Defendant in a High Court action showing the facts on which he is basing his claim and the relief sought. There is no equivalent document in the District Court or the Circuit Court as these details would be contained in the Civil Process or the Civil Bill.
Stay Of proceedings - a suspension of them. Of execution - an order that a judgment may not be enforced for a particular time e.g. until an appeal is heard.
Subpoena A summons issued in an action directing someone to attend at a specified time, date and place and for a specified purpose under a penalty for non attendance. Normally used to ensure that a witness attends a trial.
Subpoena Ad Test Subpoena ad test is used if witness is to give oral evidence only.
Subpoena Duces Tecum Subpoena duces tecum is used if witness is to bring records or other documents etc to Court.
Substituted Service A service of a summons or other document on someone representing the person to be served or in a way not normal for the particular document. A Court Order may be required.
Suit Civil Legal proceedings.
Summary Summons The originating document in High Court proceedings for the recovery of a debt or a liquidated demand.
Summons A document issued by the Plaintiff and served on the Defendant to give him notice of the claim against him and compelling hm to appear and answer it if he does not admit it. It is the first formal step in the action.
Summons Server An official with power to serve summonses in particular areas. If there is a summons server appointed for a particular Circuit Court area, he/she must be used.
Taxing Master An officer of the High Court with power to decide what costs can be charged in a High Court action either between the Solicitor and his own client or as between the different parties.
Third Party Someone who is a stranger to a transaction or proceeding and not a party to it. A Defendant may apply to Court for an Order joining a Third Party in an action where he claims to be entitled to an indemnity or contribution from that third party.
Viaticum Expenses payable to a witness when a witness summons or subpoena is served on him to enbale him to get to Court and give his evidence. Unless viaticum is given to him, he need not attend.
Witness Summmons Another name for subpoena. Usually, one refers to witness summonses in the District Court or the Circuit Court and to a subpoena in the High Court.
Writ. A document issued in the name of the Court ordering the person to whom it is addressed to do something or to refrain from doing something. A summons is a writ.