Time limit

AnRothar

Just wondering, based on the discussion here, is there a time limit after submitting a case that you must commence procedings?

awsah

depends on what kind you are bringing but personal injuries has a statute of limitations of 2 years. typically it starts on the date of injury but there are certain exceptions eg if person is minor or incapacitated

AnRothar

Thanks for the reply but I am not taking a case, just curious.

In the linked thread the op is aware of the time limit to submit a claim.

Assuming they submit the paperwork(?) within the time frame you mention.

What happens next.

How much time then do they have to actually progress the case.

Or if nothing happens within a fixed period after valid submission of a claim does the other side win by default?

awsah

so there are set time limits set out in terms of how long each side have to respond, its usually in weeks although in practice it is usually longer. once the statue stops technically it can go on for infinity.

this would be an example of the steps

1. file summons with court
2. 2. file on defendant
3. 3. defendant issues appearance within 10 days of service of summons- if no appearance is entered the the person who filed the claim can then file what's called a motion in default of appearance, if they win this they win the case and judge will issue judgement, you would need to serve notice on the defence after the 10days expire of your intention to file this motion and give them time to respond
4. if appearance is entered then technically the defence has a further 10 days to enter a defence but in reality that takes a lot longer
5. again if no defence the claimant can enter a motion for judgement in default of defence where they are basically saying that the defence is not defending the matter so essentially admitting liability and again judge will determine. typically when you write to the defence stating your intention to file this motion they will ask for more time
6. once defence received the claimant mind send them a request for voluntary discovery looking for "evidence" and if the defence refuses the claimant can issue a motion for discovery where the judge will hear reasons the defence is not disclosing and will decide if it should so be disclosed.
7. once that is completed the matter can be set down for trial, right now if you go into the circuit court in Dublin you are probably looking at a date for trial in the summer time.

it wouldn't be unusual for a simple personal injuries claim to go on for a year or two

NB! none of the above is to be taken as legal advice, this can all be found here Circuit Court procedures (citizensinformation.ie)

and legal advice should be sought where someone is planning to initiate a claim.

AnRothar

Again thanks for taking the time to reply.

Assuming the op successfully registered his claim with the court and the other side who say that they are defending it.

Then the discovery occurs.

The op now has to go to court.

Is there a time frame after discovery by which they must lodge their intent with the court?

If the op does not take this option does the claim die there?

Or must the other side take action to make it go away?

awsah

so if discovery is set and the matter is not set down for trail the defence can bring a motion to dismiss and seek costs. the court could also write to the claimant about it. i am sure there is a time frame after discovery to set the matter down for trial but in practice this could go on for months. especially if you are dealing with a sole practitioner with a heavy case load.