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58.28  Summons - Courts (No. 2) Act, 1986 Section 5

This is a summons form under Section 5 of the Courts (No. 2) Act, 1986. It is used to initiate civil legal proceedings by requiring someone to appear in court.

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Form Overview

58.28  Summons - Courts (No. 2) Act, 1986 Section 5

This is a summons form under Section 5 of the Courts (No. 2) Act, 1986. It is used to initiate civil legal proceedings by requiring someone to appear in court.

The form captures details about the parties involved, the nature of the claim, and the court where the case should be heard.

Risk Radar

  • Always double-check the defendant's details to ensure proper service.
  • Incorrect details about the defendant
  • Wrong court jurisdiction
  • Improper service of the summons
  • Missing required supporting documents

Plain English

A summons is an official document that asks someone to come to court. If you want to start a legal case against someone, this form helps you formally notify them about the court case.

Submission Date

  • There is no strict deadline for filing, but legal proceedings should be initiated within the statutory limitation period for your type of claim, which varies depending on the nature of the case.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use this form when initiating civil proceedings under Section 5 of the Courts (No. 2) Act, 1986
  • Use for cases where you need the defendant to appear in court
  • Not for criminal proceedings (different forms apply)
  • Not for family law matters (specific family law summons forms exist)
  • Not for enforcement proceedings (different enforcement procedures apply)

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Small claims caseForm 58.27Simpler procedure for smaller amountsCheck if your claim qualifies
Family law matterFamily Law summons formsDifferent procedures and courtsVerify the correct court for family cases
Enforcement of judgmentForm 78For enforcing existing court ordersConfirm if you already have a judgment
Bankruptcy proceedingsBankruptcy summons formsDifferent legal processCheck if this is a bankruptcy case

Deadline or filing window

There is no strict deadline for filing, but legal proceedings should be initiated within the statutory limitation period for your type of claim, which varies depending on the nature of the case.

Before you submit

  • Verify all defendant details are correct
  • Ensure the court has proper jurisdiction
  • Calculate and pay the correct court fee
  • Prepare the required number of copies
  • Complete all sections of the form
  • Arrange for proper service on the defendant
  • Keep a copy for your records

How to file this form

  1. 1Obtain the correct form from the Courts Service website or court office
  2. 2Complete all sections with accurate information
  3. 3Pay the required court fee
  4. 4File with the appropriate court office
  5. 5Arrange for proper service on the defendant
  6. 6Obtain proof of service
  7. 7Wait for the court date to be scheduled

Known limitations

  • This form is for civil proceedings only
  • The court must have proper jurisdiction over the case
  • The claim must be within the monetary limits of the court
  • Proper service on the defendant is required for the case to proceed
  • Legal advice may be necessary for complex cases

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Current Form Status

This form is current as of the latest version issued by the Courts Service of Ireland. Check the Courts Service website for any recent updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Court fee amounts may have changed
  • Address format requirements may have been updated
  • Electronic filing options may have been added
  • Service requirements may have been modified
  • Court details and contact information may have been updated

Quick Facts

This form is typically filed by a plaintiff or their legal representative who wants to start civil proceedings against another party.
The form captures details about the parties involved, the nature of the claim, and the court where the case should be heard.
Submit this form when you want to initiate legal proceedings and require the defendant's formal appearance in court.
The form can be submitted to the relevant court office, either in person or by post. Some courts may accept electronic submissions through their online portal.
Submitting correctly ensures the summons is legally valid and properly served on the defendant, which is crucial for the case to proceed.
Complete all sections with accurate information about the parties and claim. File with the appropriate court office and arrange for proper service on the defendant.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

58.28  Summons - Courts (No. 2) Act, 1986 Section 5

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After you file

  • Keep proof of service on the defendant
  • Attend the scheduled court date
  • Prepare any additional documents requested by the court
  • Follow up on the court's decision
  • If needed, arrange for enforcement of any judgment
  • Keep records of all court communications

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Section 5 of the Courts (No. 2) Act, 1986
  • Specific procedures may vary by court type
  • Service requirements defined by civil procedure rules
  • Court fees set by the Courts Service
  • Not confirmed in official source: exact fee amount
  • Not confirmed in official source: current processing time
  • Not confirmed in official source: specific electronic filing options

Common confusion points

7 things to watch for

  • 1

    Confusing this form with other summons types

  • 2

    Uncertainty about proper service requirements

  • 3

    Not understanding which court has jurisdiction

  • 4

    Mistaking this for a criminal summons

  • 5

    Unclear about the limitation period for different claims

  • 6

    Confusion about court fee calculations

  • 7

    Not knowing how many copies to file

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