Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Difference between a personal injury summons and a notice of motion

  • 27-06-2012 11:33AM
    #1
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭


    Hey folks,

    Just wondering, what is the difference between a notice of motion and a personal injury summons?

    Are both executed upon a defendant at the same time?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    A PI Summons is an initiating document, the first step in bringing a defendant to Court.

    A notice of motion can be filed when proceedings are already in being, by either party. A Notice of Motion would be used to apply for an injunction or security for costs or anything else at the interim stage (the stage between the commencement of proceedings and the close of proceedings just before the trial).

    So for example, a Plaintiff might serve a PI summons on a defendent for negligence. The the defendant might think that if the Plaintiff loses the case, the Plaintiff wont be able to cover the Defendants legal costs so will seek security for costs (the lodgment of about 1/3rd of the potential costs). This application for security for costs is done in court with a notice of motion and an affidavit.


Advertisement