40A.02  Personal Injuries Defence

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.

Use this form or another form?

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

• • All required sections completed
• • Signature and date present
• • Supporting documents attached
• • Correct court registry address used
• • Form printed clearly or uploaded legibly
• • Copy retained for personal records
• • Delivery method (post, in‑person, e‑filing) confirmed
• • Proof of service (if posting) retained

How to file this form

1. 1Obtain Form 40A.02 from courts.ie or the court registry.
2. 2Read the accompanying guidance notes.
3. 3Complete the form with accurate facts and legal arguments.
4. 4Gather and attach any supporting evidence.
5. 5Sign, date, and make a copy for yourself.
6. 6Deliver the original to the appropriate court registry before the deadline.
7. 7Obtain a receipt or confirmation of filing.

Known limitations

• • Form is only for personal injury matters; other civil claims need different forms.
• • Electronic filing may not be available in all courts.
• • The form does not replace the need for legal representation where required.
• • No automatic calculation of damages – separate documentation needed.