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Whats the timeframe for Intention to Defend?

  • 22-05-2013 1:57pm
    #1
    johneym
    Site Banned Posts: 344 ✭✭


    hello folks,

    a hypothetical situation where I have receive a district court summons. Thing is, it says on one page if I am defending I must within 10 days give notice to the court and plaintiff etc. This is signed by the plaintiff solicitor. On the next page it says NOTE; and basically repeats the info again but says if I intend to defend I must inform both parties at least 4 days before the hearing date. The summons has 7 pages.


    A) So, which is the correct or normal time-frame?

    B) Can I view the original summons in the courthouse?

    Many thanks for your replies.


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    johneym wrote: »
    hello folks,

    a hypothetical situation where I have receive a district court summons. Thing is, it says on one page if I am defending I must within 10 days give notice to the court and plaintiff etc. This is signed by the plaintiff solicitor. On the next page it says NOTE; and basically repeats the info again but says if I intend to defend I must inform both parties at least 4 days before the hearing date. The summons has 7 pages.


    A) So, which is the correct or normal time-frame?

    B) Can I view the original summons in the courthouse?

    Many thanks for your replies.

    Link
    [Notice of intention to defend]
    1. A defendant who intends to defend a civil summons shall give, or send by post, to the plaintiff or solicitor for the plaintiff notice of such intention, in the Form 41.1, Schedule C, not later than four days before the date of sitting of the Court to which the civil summons is returnable, and shall at the same time lodge with the Clerk a copy of such notice.

    If you are not getting a solicitor at this stage, you'd want to start doing a little research yourself.

    The District Court Rules are a good place to start.


  • #3
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    johneym wrote: »
    hello folks,




    A) So, which is the correct or normal time-frame?

    B) Can I view the original summons in the courthouse?

    Many thanks for your replies.

    A) Within 10 days of service but not later than 4 days prior to hearing.

    B) No, but there would be no point viewing it as it is identical to the copy you received.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    valleyoftheunos wrote: »
    A) Within 10 days of service but not later than 4 days prior to hearing.

    There is no ten day period with respect to service of the Notice of Intention to Defend.

    Perhaps you are talking about entry of the Civil Summons in the District Court Office.


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