Summary Judgment – What Is It And When Is It Available?

Introduction

Proceedings in the Irish High Court are generally commenced by an originating summons.  The relevant procedure is governed by the Rules of the Superior Courts (RSC).  Where oral evidence is required, a plenary summons will issue.  Where no oral evidence is required, and the proceedings can be determined by way of affidavit evidence, a summary summons will issue.   A special summons is required for specified proceedings. Finally, a personal injuries summons is used to initiate personal injuries actions. 

The Summary Summons procedure

A summary summons is used where proceedings are suitable for summary disposition without pleadings. The summary summons procedure allows a plaintiff obtain judgment against a defendant based on affidavits, where the plaintiff's claim is quantifiable, and where the defendant does not have a valid defence.