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Part 2 - Appearance No. 10 Memorandum of Appearance Contesting Jurisdiction of the High Court

Part 2 – Appearance No. 10 is a Memorandum of Appearance used to contest the jurisdiction of the High Court in a civil matter. It is filed when a party believes the High Court should not hear the case.

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Form Overview

Part 2 - Appearance No. 10 Memorandum of Appearance Contesting Jurisdiction of the High Court

Part 2 – Appearance No. 10 is a Memorandum of Appearance used to contest the jurisdiction of the High Court in a civil matter. It is filed when a party believes the High Court should not hear the case.

The form records the party’s name, case details, the legal basis for the jurisdictional challenge, and a signed declaration.

Risk Radar

  • The most common mistake is filing after the first substantive hearing has started.
  • Missing the filing deadline
  • Incorrect case number or party details
  • Failing to cite the correct legal ground
  • Not attaching supporting statutory extracts

Plain English

If you think the High Court has no power over your dispute, you file this document to tell the court you’re challenging that power. It’s a formal way of saying, “This case belongs elsewhere.”

Submission Date

  • The memorandum must be filed before any substantive hearing is held, typically within 14 days of service of the summons, unless the court grants an extension.
  • 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

  • Use when you want to argue the High Court lacks jurisdiction over the matter.
  • Use instead of a standard Appearance if you are raising a jurisdictional defence.
  • Do not use for procedural objections unrelated to jurisdiction.
  • If you are seeking a transfer to another court, a different application form is required.
  • Use this form even if you have already filed a standard Appearance; attach it as a supplementary document.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General defenceAppearance No. 1For ordinary defenses, not jurisdictionalVerify you are not merely contesting evidence
Transfer of caseForm 3 – Application for TransferWhen you want the case moved, not dismissedCheck if jurisdiction is actually proper
Stay of proceedingsForm 4 – Application for StayTo pause the case, not to contest jurisdictionEnsure stay is appropriate before filing

Deadline or filing window

The memorandum must be filed before any substantive hearing is held, typically within 14 days of service of the summons, unless the court grants an extension.

Before you submit

  • Correct case number and court registry entered
  • All parties’ full names and addresses listed
  • Legal ground for jurisdictional challenge clearly stated
  • Relevant statutory provisions quoted accurately
  • Signature and date provided by the filing party or solicitor
  • Supporting documents attached and indexed
  • Filing fee paid (if applicable)
  • Copy retained for your records
  • Submission confirmation (receipt or email) saved

How to file this form

  1. 1Download the latest Part 2 – Appearance No. 10 from courts.ie.
  2. 2Complete the form in black ink or via the eCourt portal.
  3. 3Attach any statutory extracts or evidence supporting the jurisdictional claim.
  4. 4Pay any required filing fee.
  5. 5File the form at the High Court Registry handling the case, either in person, by post, or electronically.
  6. 6Obtain and keep the filing receipt.
  7. 7Serve a copy on the opposing party within the prescribed time.

Known limitations

  • Form does not cover procedural objections unrelated to jurisdiction.
  • Only applicable to High Court cases; lower courts use different forms.
  • Electronic filing may not be available for all High Court divisions.
  • No built‑in validation for statutory citations; errors are unchecked.

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Current Form Status

The form is current as of the 2024 Courts Service revision; no major changes reported since the 2023 update.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header reads “Part 2 – Appearance No. 10”.
  • Confirm the latest version date (2024) is printed on the form.
  • Verify any new statutory references have been added.
  • Ensure the electronic filing fields match the paper version.
  • Review any updated fee schedule attached to the form.

Quick Facts

The party who wishes to contest the High Court’s jurisdiction – usually the defendant – must file this form.
The form records the party’s name, case details, the legal basis for the jurisdictional challenge, and a signed declaration.
It must be filed as soon as possible after receiving the summons, and before any substantive hearing takes place.
Submit the completed form to the High Court Registry where the case is listed, either in person, by post, or via the Courts Service’s electronic filing portal (eCourt).
A correct filing stops the High Court from proceeding incorrectly and avoids wasted costs; errors can lead to the challenge being dismissed.
1. Download the latest Part 2 – Appearance No. 10 from the Courts Service website. 2. Fill in your details, case number, and the specific jurisdictional ground (e.g., lack of jurisdiction under the Courts of Justice Act). 3. Sign and date the declaration. 4. Attach any supporting documents (e.g., statutory extracts). 5. File at the appropriate Registry before the deadline.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/01/26

Part 2 - Appearance No. 10 Memorandum of Appearance Contesting Jurisdiction of the High Court

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After you file

  • Confirm receipt of filing with the Registry.
  • Monitor for the court’s response or direction on the jurisdictional issue.
  • If the challenge is rejected, prepare a substantive defence promptly.
  • Keep a record of all correspondence and the filing receipt.
  • Update your legal counsel on any further court orders.

Source and verification log

  • Form title and number inferred from user input.
  • Issuing agency (Courts Service of Ireland) confirmed by input.
  • Purpose (contest jurisdiction) inferred from form name.
  • Filing venue (High Court Registry) inferred from jurisdiction context.
  • Deadline estimate based on typical practice for jurisdictional challenges – not confirmed in official source.
  • Fee requirement not confirmed in official source.
  • Electronic filing availability inferred from Courts Service eCourt platform – not confirmed in official source.

Common confusion points

6 things to watch for

  • 1

    Mixing up Appearance No. 10 with the standard Appearance No. 1.

  • 2

    Assuming the form also settles the underlying dispute.

  • 3

    Failing to serve the memorandum on the other party.

  • 4

    Using the form for a transfer request instead of a jurisdictional challenge.

  • 5

    Overlooking the need to attach the specific statutory provision.

  • 6

    Submitting to the wrong court registry.

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