Writs and pleadings

Pleadings are court documents that are exchanged by the parties in a civil case. They are sometimes called writs.

If you are bringing a case against someone (suing someone), you are typically called the plaintiff (or claimant).

If you are being sued, you are typically called the defendant (or respondent).

A pleading is a statement that summarises the material facts of your claim and the relief or remedies that you are entitled to. The defendant’s pleading will have the facts of their defence and may have a counterclaim. A pleading does not typically include the evidence that is to be proven.

All personal injury claims in Ireland, except for medical negligence claims, must first be submitted to the Injuries Resolution Board.

If you are the claimant

If you are the claimant and want to commence proceedings (start the legal action) in the District Court, you, or your solicitor, prepare and serve a claim notice on the respondent.

The claim notice must include specific information including the full name, address, occupation, solicitors’ details and addresses for serving documents for the claimant and the respondent (where possible). You can find more on what is in a claim notice.

If you are the person being sued (respondent)

If you are the person being sued, you must decide if you want to defend the case. If you want to defend the case, you or your solicitor gives or sends to the claimant or their solicitor an appearance and defence document to show that you intend to defend the case. If you do not prepare an appearance and defence document, the plaintiff can proceed with their case in your absence.

If you believe that you have a claim against the claimant, you can include this in your appearance and defence a statement of counterclaim which sets out your claim against the claimant.

You can find more on taking a claim in District Court procedures.

In the Circuit Court and the High Court, the person bringing the case is called the plaintiff.  The person being sued is called the defendant.

Your solicitor will usually appoint a barrister to draft the pleadings in your case if your case is in the High Court or the Circuit Court.

If you are bringing the case (the plaintiff)

To start proceedings, your barrister generally prepares:

• A Civil Bill if the case is a Circuit Court case, or
• An originating summons if the case is in the High Court

These documents state your case against the defendant.

For example, if your case is about a breach of contract, the pleading should clearly set out:

• The terms of the contract
• How the contract has been breached by the defendant
• The losses you have suffered as a result.

If you are being sued (the defendant)

When you receive the Civil Bill or originating summons from the plaintiff, you must enter an appearance to show that they are now a party to the case and intend to defend it.

If it is a High Court case, the plaintiff may then have to send a statement of claim to you. In the statement of claim, the plaintiff must tell you the nature, extent and grounds of their claim against you.

When you receive a civil bill or a statement of claim, you then send your  Defence. The Defence sets out why you are not to blame. If you believe you have a claim against the plaintiff, you can include a counterclaim with your Defence setting out your claim against the plaintiff.

Both the defendant and the plaintiff can send a Notice for Particulars asking for further details and more information about the case being made by the other side. A Notice for Particulars is often sent after a Statement of Claim or Defence is received.

Find more about the documents and procedures used in the different courts:

• District Court procedures
• Circuit Court procedures
• High Court procedures.

You can find further information on pleadings on the Courts Service website.