When a Defendant receives a Civil Bill in a Circuit Court case, he or she should "enter an appearance" within 10 days. If the case is a High Court case, the Defendant should enter an appearance within 8 days of receiving the originating summons. These time limits are not strict and in most cases, an appearance can be entered after the time has expired.
Entering an appearance is a very important step as it is indicates that the Defendant intends to defend the proceedings.
If the Defendant fails to enter an appearance, the Plaintiff can apply to Court for "Judgement in Default of Appearance". This means that because the Defendant has failed to acknowledge the proceedings and indicate that he or she intends to defend them, the Plaintiff may obtain a judgement from the court against the Defendant without the need for a trial.
To enter an appearance, the Defendant must lodge a short form at the Circuit Court Office or the Central Office. The Plaintiff's solicitor must then be notified by the Defendant that an appearance has been entered. The short form must contain the following information:
There is no fee or stamp duty for entering an appearance in the Circuit Court. In the High Court, there is a fee of 10 euro.
Your solicitor and barrister will charge fees for their services.