Superior Court Rules

ORDER 12

APPEARANCE

1. Appearances shall be entered in the Central Office, Four Courts, Dublin, except in the case of lunacy and minor matters, when the appearance shall be entered in the Office of Wards of Court, Four Courts, Dublin or except as otherwise provided in these Rules.

2. (1) Save as otherwise provided for in rule 2(3), an appearance to any plenary summons, or summary summons shall be entered within eight days after the service of the summons, exclusive of the day of service, unless the court shall otherwise order.

[SI 14/89]

(2) Save as otherwise provided for in rule 2(3), a defendant in proceedings commenced by special summons may enter an appearance thereto at any time, but shall not, without the leave of the court, be entitled to be heard in such proceedings unless he has entered an appearance.

[SI 14/89]

(2A) (a) A respondent in proceedings commenced by originating notice of motion pursuant to Order 81A, Order 84B or Order 84C, and to whom notice of such motion has been given, shall enter an appearance to such notice of motion in the Form No 9 in Appendix A, Part II, within eight days after service of the notice of motion. Where a respondent 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. A respondent in such proceedings shall not, without the leave of the court, be entitled to be heard in such proceedings unless he has entered an appearance.

[SI 14/07; SI 31/08]

(b) Subject to para (a), 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 this sub-rule.

[SI 14/07]

(3) An appearance to an originating summons or a reply to an originating document in respect of proceedings issued for service out of the jurisdiction under Order 11A, rule 2, Order 11B, rule 2 or Order 11C, rule 2 (including an appearance or reply entered solely to contest jurisdiction) shall be entered—

(a) within five weeks after the service of the summons or document exclusive of the day of service where an originating summons or other originating document or notice of summons or other originating document is served in the European territory of another Member State of the European Union or of another Contracting State of the Lugano Convention, or

(b) within six weeks after the service of the summons or document exclusive of the day of service where an originating summons or other originating document or notice of summons or other originating document is served in any non-European territory of any Member State of the European Union or Contracting State of the Lugano Convention, or any co-defendant who is not domiciled in a Member State of the European Union or Contracting State of the Lugano Convention.

[SI 506/05]

(4) For the purposes of this rule:

‘domicile’ is to be determined, as the case may be, in accordance with the provisions of:

Article 2 of Regulation 2201/2003,

Articles 62 and 63 of Regulation No 1215/2012,

Articles 59 and 60 of the Lugano Convention, or

section 15 and the Ninth Schedule of the 1998 Act.

[SI 9/16]

3. A defendant shall enter his appearance to an originating summons by delivering to the proper officer a memorandum in writing dated on the day of its delivery and containing the name of the defendant’s solicitor, or stating that the defendant defends in person. He shall at the same time deliver to the officer a duplicate of the memorandum which the officer shall mark with an official stamp, showing the date on which the appearance is entered and then return it to the person entering the appearance, and the duplicate memorandum so marked shall be a certificate that the appearance was entered on the day indicated by the official stamp.

4. In the case of a defendant desiring to enter an appearance in person, he may in lieu of delivering to the proper officer the memorandum of appearance and the duplicate thereof, enter the appearance through the post by sending to the proper officer by pre-paid registered letter—

(a) a memorandum of appearance and two duplicates thereof both duly filled up;

(b) a postal order for the prescribed fee payable on entering an appearance;

(c) two envelopes each sufficiently stamped, one addressed to the plaintiff’s solicitor (or to the plaintiff if he sues in person) at the address for service, and the other addressed to the defendant entering the appearance. On receipt of the foregoing the proper officer shall forthwith enter the appearance as of the date when he received the memorandum, and shall mark the duplicates with the official stamp showing the date on which the appearance is entered, and shall post one duplicate to the plaintiff or his solicitor and the other duplicate to the defendant.

5. (1) A defendant shall, on the day he enters an appearance to an originating summons, give notice of his appearance to the plaintiff’s solicitor, or, if the plaintiff sues in person, to the plaintiff himself by serving the marked duplicate memorandum. This may be served in the ordinary way at the address for service, or by pre-paid letter directed to that address, and posted on the day of entering appearance in due course of post. In the case of a plenary summons, the memorandum shall include a notice stating whether the defendant requires a statement of claim or not.

(2) This rule shall not apply to a defendant entering an appearance through the post under rule 4, save in so far as therein provided.

6. The solicitor of a defendant shall state in the memorandum of appearance:

(i) his registered place of business, or

(ii) where the defendant’s solicitor consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of his or her registered place of business) to which documents may be sent in electronic form.

7. A defendant appearing in person shall state in the memorandum of appearance:

(i) an address for service where documents may be left for him, or

(ii) where the defendant consents to the receipt of documents in the proceedings by electronic mail, his or her electronic mail address (in lieu of his or her address for service) to which documents may be sent in electronic form.

7A. In—

(a) any proceedings where entry of an appearance is not required, or

(b) any case where consent to the receipt of documents in the proceedings by electronic mail has not been endorsed in accordance with rules 14 or 15 of Order 4 or stated in accordance with rules 6 or 7 of this Order

a solicitor or party may give notice of such consent by letter in writing sent by ordinary pre-paid post to the other party or, if that party is legally represented in the proceedings, that party’s solicitor.

[SI 475/17]

8. If the memorandum does not contain such address as is prescribed by this Order it shall not be received; and if any such address shall be illusory or fictitious, the appearance may be set aside by the court or the Master on the application of the plaintiff.

9. The memorandum of appearance shall be in the Form No 1 in Appendix A, Part II.

10. Upon receipt of a memorandum of appearance entered by any party or person pursuant to the provisions of this Order, the proper officer shall forthwith enter the appearance in the appropriate Cause Book.

11. If two or more defendants in the same action shall appear by the same solicitor and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum.

12. A solicitor not entering an appearance in pursuance of his written undertaking so to do shall be liable to an attachment.

13. A defendant, save in actions for the recovery of land, may appear at any time before judgment. If he appears at any time after the time limited for appearance, he shall not, unless the court shall otherwise order, be entitled to any further time for delivering his defence or for any other purpose than if he had appeared within the time limited for appearance.

14. In probate actions any person not named in the summons may intervene and appear in the action on filing an affidavit in the Central Office showing how he is interested in the estate of the deceased.

15. No person served with a summons in a proceeding for the recovery of land shall be permitted to appear after the time allowed for appearance without leave of the court.

16. Any person served with a summons for the recovery of land although not named as a defendant therein, shall be at liberty to defend the proceeding and to enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff’s solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding.

17. An appearance entered without leave in a proceeding for the recovery of land after the time allowed for appearance has expired shall be void.

18. Any person not named as a defendant in a summons for the recovery of land and not served therewith may by leave of the court appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant.

19. Any person appearing to defend a proceeding for the recovery of land as a landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.

20. Where a person not named as defendant in any summons for the recovery of land, and not served therewith has obtained leave of the court to appear and defend, he shall enter an appearance according to the foregoing rules of this Order, entitled in the proceeding against the party named in the summons as defendant, and shall forthwith give notice of such appearance to the plaintiff’s solicitor, or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the proceeding.

21. Any person appearing to a summons for the recovery of land, save where the proceeding is brought for non-payment of rent, shall be at liberty to limit his defence to a part or an undivided share only of the property mentioned in the summons, describing that part or share with reasonable certainty in his memorandum of appearance, which shall be in the Form No 2 in Appendix A, Part II. An appearance, where the defence is not limited as above mentioned, shall be deemed an appearance to defend for the whole.

22. Where any person entering an appearance in an action for the recovery of a holding or of lands including a holding, agricultural or pastoral, or partly agricultural and partly pastoral, in its character, for non-payment of rent, is in occupation of such holding as sub-tenant thereof, and merely claims to be entitled under the Land Law (Ireland) Act, 1896 (59 & 60 Vic c 47) section 12, notwithstanding judgment for the plaintiff in the action to retain possession of such holding as immediate tenant to the plaintiff, and not to have such judgment executed against him, he shall be at liberty to limit his memorandum of appearance accordingly. The memorandum shall state whether such person so defends in respect of all the premises sought to be recovered or part only thereof, and shall in the latter case describe such part with reasonable certainty. It shall also state full particulars of his sub-tenancy, including the rent payable in respect thereof, the gale days, and the amount then due for arrears of such rent up to the last gale day, and the name of his immediate landlord. An appearance where the memorandum is not limited as above-mentioned, or where it does not contain the statements prescribed by this rule, shall be deemed to be an appearance to defend generally, and in respect of all the premises sought to be recovered.

23. Where an appearance is limited in accordance with rule 22 the plaintiff shall be at liberty by notice to confess the right, under the Land Law (Ireland) Act, 1896, section 12 of the person so limiting his appearance, notwithstanding judgment for the plaintiff in the action, to retain possession as immediate tenant to the plaintiff of the holding described in his memorandum of appearance. Such notice shall be served and filed in the Central Office within 21 days after appearance. The person whose right is so confessed shall, where the special indorsement on the summons does not deny such right, abide his own costs of appearance, unless the court shall otherwise direct.

24. Save as in rule 22 mentioned, a defence to a summons for the recovery of land for non-payment of rent shall be a defence for all the lands and premises claimed by the indorsement thereon; and in case a defendant shall desire to take defence for part only of the lands and premises, upon the ground that such part is not included in the tenancy sought to be evicted, he shall make a special application to the court for that purpose. Applications under this rule shall be made on notice grounded on affidavit, and may be made before appearance or within four days after appearance.

25. A party who has obtained an order under rule 24 shall describe the part of the lands to which the defence is limited either in the appearance or in a notice as prescribed in rule 21.

26. A defendant before appearing shall be at liberty to serve notice of motion to set aside the service upon him of the summons or of notice of the summons, or to discharge the order authorising such service.

27. In probate actions the plaintiff and defendant, within eight days of the entry of appearance on the part of the defendant, are respectively to file their affidavits as to scripts in the Central Office, whether they have or have not any script in their possession. Such affidavit shall be in the Form No 22 in Appendix C.

28. Every script which has at any time been made, by or under the direction of the testator, whether will, codicil, draft of a will or codicil, or written instructions for the same, of which the deponent has any knowledge, information, or belief, is to be specified in his affidavit of scripts, and every script in the custody or under the control of the party making the affidavit is to be annexed thereto, and deposited therewith in the Central Office.

29. No party to the proceeding, nor his solicitor, shall be at liberty, except by leave of the court, to inspect the affidavit as to scripts, or the scripts annexed thereto, filed by any party to the cause, until his own affidavit as to scripts shall have been filed.

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