Official form guide
Form 40A.02 Personal Injuries Defence
Form 40A.02 Personal Injuries Defence is a court document used in civil personal injury cases in Ireland. It is filed by the defendant to set out their defence and any counter‑claims.
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Form Overview
Courts Service of Ireland - Form 40A.02 Personal Injuries Defence
Form 40A.02 Personal Injuries Defence is a court document used in civil personal injury cases in Ireland. It is filed by the defendant to set out their defence and any counter‑claims.
Risk Radar
Scan points- 1The most common mistake is filing the defence after the court‑set deadline.
- 2Missing the 28‑day defence deadline
- 3Leaving mandatory sections blank
- 4Failing to sign or date the form
- 5Submitting to the wrong court registry
Plain English
If you have been sued for a personal injury, you use this form to tell the court why you think you are not liable, or why you owe less than claimed. It is the first written response you give to the plaintiff’s claim.
Submission Date
- Filing date: The defence must be filed within the period specified on the summons, typically 28 days from service. Late filing may result in a default judgment.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you are the defendant in a personal injury claim.
- When you need to raise a counter‑claim against the plaintiff.
- When the court summons specifically requests Form 40A.02.
- When you want to set out a detailed factual and legal defence.
Form selector
Use this form or another form?
Claimant wants a summary judgment
Used by claimant, not defendant
✓ Verify who is filing
Form 40A.01 Summary Judgment Application
Defence to a non‑injury civil claim
Different claim type
✓ Check claim category
Small claims under €2,000
Simpler format
✓ Use only for small claims
Deadline or filing window
The defence must be filed within the period specified on the summons, typically 28 days from service. Late filing may result in a default judgment.
Before you submit
- 1All required sections completed
- 2Signature and date present
- 3Supporting documents attached
- 4Correct court registry address used
- 5Form printed clearly or uploaded legibly
- 6Copy retained for personal records
- 7Delivery method (post, in‑person, e‑filing) confirmed
- 8Proof of service (if posting) retained
How to file this form
- 1Obtain Form 40A.02 from courts.ie or the court registry.
- 2Read the accompanying guidance notes.
- 3Complete the form with accurate facts and legal arguments.
- 4Gather and attach any supporting evidence.
- 5Sign, date, and make a copy for yourself.
- 6Deliver the original to the appropriate court registry before the deadline.
- 7Obtain a receipt or confirmation of filing.
Known limitations
- 1Form is only for personal injury matters; other civil claims need different forms.
- 2Electronic filing may not be available in all courts.
- 3The form does not replace the need for legal representation where required.
- 4No automatic calculation of damages – separate documentation needed.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 40A.02 is the current version used by the Courts Service as of 2024. No major revisions have been announced for 2025.
What changed or needs a fresh check
- Check the form header for the latest revision date.
- Confirm the defence period stated on the summons matches the 28‑day rule.
- Verify any new attachment requirements listed in the accompanying guidance.
- Ensure the online e‑filing option is available for your court.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm title and number taken from Courts Service listings.
- SRCDefence period (28 days) inferred from typical Irish civil procedure rules.
- SRCSubmission methods based on Courts Service e‑filing and registry practices.
- SRCNo official guidance accessed; all statements marked as inferred or not confirmed in official source where applicable.
Common confusion points
Mixing up Form 40A.02 with the claimant’s Form 40A.01.
Assuming the 28‑day deadline applies universally without checking the summons.
Leaving the ‘counter‑claim’ section blank when a claim exists.
Submitting the form to the wrong district court.
Using colour pens or unclear handwriting on a paper form.
Failing to attach medical reports that support the defence.
Not retaining a copy of the filed form for future reference.
Source transparency
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