How to File a Notice of Motion in Ireland (Free Templates)

During a lawsuit, you may need the court to step in before the final trial happens. To ask a judge for a specific order or to penalise the other side for breaking procedural rules, you must file a Notice of Motion.

Below is a plain-English guide for ordinary citizens (lay litigants) on how a Notice of Motion works, when to use it, and where to download the correct templates.

What is a Notice of Motion?

A Notice of Motion is a formal written application made to a judge during an ongoing court case. It tells the court and your opponent exactly what legal order you are asking for and the date the judge will hear your request.

In Irish courts, a Notice of Motion is almost always accompanied by a sworn document called an Affidavit, which sets out the facts and evidence supporting your request.

Common Reasons to File a Motion

You typically use this document when the other party is ignoring court deadlines or failing to follow procedural rules:

• Judgment in Default: Asking the court to award you the case automatically because the defendant failed to file an Appearance or a Defence on time.
•  Order to Compel (Discovery): Forcing the other party to hand over specific, relevant documents they are hiding or refusing to share.
• Striking Out a Defence: Requesting that the judge throw out the opponent’s defence because they failed to follow a previous court direction.

Downloads SAMPLE NOTICE OF MOTION

The format of your motion depends entirely on which court is handling your overall lawsuit. Click below to download editable Word document templates to draft your paperwork:

Download Sample Notice of Motion (Form)

Disclaimer: This page provides general informational templates for ordinary citizens representing themselves. It does not constitute formal legal advice. Court rules regarding motion deadlines and affidavit layouts can be complex. Consider consulting a legal professional if you are unsure.

Next Steps for Lay Litigants

• Draft your Grounds: Clearly number the specific orders you want from the judge (e.g., “An Order pursuant to Order 27 of the Rules of the Superior Courts striking out the Defendant’s Defence…”).
• Swear an Affidavit: You must write a matching Affidavit explaining why you need the order, sign it in front of a Commissioner for Oaths or a practicing solicitor, and pay their small swearing fee.
• Get a Court Date: Take your documents to the court office. The court clerk will assign a specific “return date” (the date you and the opponent must appear before a judge).
• Serve the Other Side: You must legally serve a copy of the stamped Notice of Motion and the sworn Affidavit on the opponent well in advance of the court date (usually at least 4 clear days before the hearing, depending on the specific court rule).