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Part 1 - Praecipe: No.5 For Order of Delivery

The Praecipe No.5 for Order of Delivery is a Courts Service of Ireland form used to request a court‑ordered delivery of a document or notice to a party in a case. It is filed when a party needs the court to enforce service of papers.

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Form Overview

Part 1 - Praecipe: No.5 For Order of Delivery

The Praecipe No.5 for Order of Delivery is a Courts Service of Ireland form used to request a court‑ordered delivery of a document or notice to a party in a case. It is filed when a party needs the court to enforce service of papers.

The form records the parties’ names, the case number, details of the document to be delivered, and the address or location for service.

Risk Radar

  • The most common mistake is leaving the case number blank or wrong.
  • Incorrect case number entered
  • Wrong address or description of the document
  • Missing signature or date
  • Failing to attach the document to be delivered

Plain English

If you need the court to make sure someone gets a legal document, you fill out this form. It tells the court what you want delivered, to whom, and why. The court then issues an order that a bailiff or sheriff will carry out.

Submission Date

  • There is no fixed statutory deadline, but the order should be filed promptly after a failed service attempt to avoid delaying the hearing.
  • 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

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What this form is for

  • When standard service by post has been refused or returned.
  • When the other party cannot be located for personal service.
  • When the court specifically orders you to obtain an Order of Delivery.
  • When you need a bailiff or sheriff to serve the documents.
  • When you want a formal court record of attempted service.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard service by postForm N1 (Notice of Issue)Used for ordinary serviceVerify if simple post is acceptable first
Personal service by a solicitorForm N2 (Solicitor Service)Direct hand‑over by solicitorUse if you have solicitor representation
Emergency serviceForm N3 (Urgent Service)Faster court order for urgent mattersCheck urgency criteria before applying

Deadline or filing window

There is no fixed statutory deadline, but the order should be filed promptly after a failed service attempt to avoid delaying the hearing.

Before you submit

  • Case number entered correctly
  • All parties’ full names and addresses listed
  • Clear description of the document to be delivered
  • Document to be delivered attached as a copy
  • Signature and date present
  • Correct filing fee prepared
  • Form submitted to the right court registry
  • Receipt or acknowledgment saved

How to file this form

  1. 1Download the latest Praecipe No.5 from courts.ie.
  2. 2Complete the form with accurate case and party details.
  3. 3Attach a clear copy of the document you need delivered.
  4. 4Sign and date the form.
  5. 5Pay any required filing fee.
  6. 6Lodge the form at the appropriate court registry (in person, post, or e‑filing).
  7. 7Obtain and keep the filing receipt.

Known limitations

  • Only applicable to civil and family matters; not for criminal cases.
  • Does not replace the need for a court hearing if the order is contested.
  • Fee exemption only available in limited circumstances.
  • Form must be filed in the court where the original case is pending.

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Current Form Status

The form is currently the latest version (as of 2024) and remains valid. No recent amendments have been announced.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows ‘Praecipe No.5 – Order of Delivery’.
  • Check that the case number field matches the current court format.
  • Verify the fee amount listed on the form is up‑to‑date.
  • Ensure there is space for attaching the document to be delivered.
  • Review any new guidance notes attached to the form.

Quick Facts

Anyone involved in a civil or family case who has not been able to serve papers themselves can file this form.
The form records the parties’ names, the case number, details of the document to be delivered, and the address or location for service.
File it as soon as you realise service has failed or when the court has directed you to seek an order of delivery.
Submit the completed form to the court registry handling the case, either in person, by post, or via the Courts Service e‑filing portal if available.
A correct order ensures the other side receives the document legally, which is required for the case to proceed. Errors can delay the hearing or result in the order being refused.
1. Download the Praecipe No.5 from the Courts Service website. 2. Fill in the case number, parties’ details and a clear description of the document to be delivered. 3. Sign and date the form. 4. Attach a copy of the document you want delivered. 5. Lodge the form with the court registry and pay any filing fee. 6. Keep the receipt and the court’s order for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
22/01/26

Part 1 - Praecipe: No.5 For Order of Delivery

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After you file

  • Wait for the court to issue the Order of Delivery.
  • Provide the order to the bailiff or sheriff for execution.
  • Confirm service was completed and obtain a proof of service document.
  • File the proof of service with the court registry.
  • Notify the other party (or their solicitor) that service has been effected.

Source and verification log

  • Form title and number inferred from provided name.
  • Issuing agency identified as Courts Service of Ireland.
  • Purpose of Praecipe No.5 inferred from typical court practice.
  • Filing location (court registry) based on standard Irish court procedures.
  • Fee and e‑filing availability not confirmed in official source.
  • Specific deadlines not confirmed in official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up Praecipe No.5 with other Praecipe numbers.

  • 2

    Using the form for criminal cases.

  • 3

    Leaving the description of the document too vague.

  • 4

    Submitting to the wrong district court registry.

  • 5

    Forgetting to attach the document to be delivered.

  • 6

    Not paying the correct filing fee.

  • 7

    Assuming the order is automatically effective without court approval.

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