40A.05 Notice Of Motion (Personal Injuries Action)
Form 40A.05 is a Notice of Motion used in personal injuries actions in the Irish courts. It tells the court and the other party that you are asking for a specific order or direction in the case.
Need help? AI Editor guides you through every field of 40A.05 Notice Of Motion (Personal Injuries Action).
Start filling →Form Overview
40A.05 Notice Of Motion (Personal Injuries Action)
Form 40A.05 is a Notice of Motion used in personal injuries actions in the Irish courts. It tells the court and the other party that you are asking for a specific order or direction in the case.
Risk Radar
- The most common mistake is filing the motion after the deadline without the court’s permission.
- Missing the filing deadline
- Incorrect case number or party details
- Failing to serve the other side before filing
- Omitting required supporting documents
Plain English
Think of this as a formal request to the judge during a personal injury lawsuit. You fill it out when you need the court to decide something – for example, to set a hearing date or to ask for an interim payment.
Submission Date
- Motions must generally be filed at least 7 days before the hearing date you are seeking, unless the court orders otherwise.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When you need a specific court order during a personal injury case.
- • To request an interim injunction or a direction on costs.
- • When you want the court to set or vary a hearing date.
- • If you are seeking a judgment debt payment before trial.
- • Instead of filing a full application, use this for limited, time‑sensitive requests.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Request for judgment debt payment | Form 40A.02 | Used for final debt recovery, not interim orders | Verify if the case is already judged |
| Application for a protection order | Form 40A.03 | Different legal basis, usually family law | Use only for protection matters |
| Standard summons | Form 40A.01 | Initiates the whole action, not a motion | File at the start of the claim |
Deadline or filing window
Motions must generally be filed at least 7 days before the hearing date you are seeking, unless the court orders otherwise.
Before you submit
- • Correct court name and division entered.
- • Accurate case number and parties listed.
- • Clear description of the order sought.
- • All required supporting documents attached.
- • Signature of the applicant or solicitor present.
- • Date of filing filled in.
- • Proof of service to the other side attached.
- • Filing receipt obtained from the clerk.
- • Copy retained for your records.
How to file this form
- 1Download the latest Form 40A.05.
- 2Complete all fields in black ink or electronically.
- 3Attach any medical reports, cost schedules, or affidavits required.
- 4Serve a copy on the opposite party and obtain a service receipt.
- 5Lodge the original with the court clerk and request a filing receipt.
- 6Pay any applicable filing fee (check the current fee schedule).
- 7Keep the receipt and a copy of the filed form for future reference.
Known limitations
- • Form does not cover applications for full trial judgments.
- • Only suitable for personal injury actions, not other civil claims.
- • Electronic filing may be restricted to solicitors with e-filing credentials.
- • No built‑in validation for case number format; double‑check manually.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
Form 40A.05 is the current version as of 2024. No recent amendments have been announced, but always check the Courts Service website for updates before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows the 2024 version date.
- • Check that the case number field matches the current court format.
- • Verify any new mandatory attachment list (e.g., updated medical report template).
- • Ensure the signature block includes space for both solicitor and client if required.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
40A.05 Notice Of Motion (Personal Injuries Action)
AI-powered guidance for every field
✦ Open in AI EditorFree to start · No account required
After you file
- • Confirm receipt of filing receipt from the court.
- • Monitor the court’s docket for a hearing date or further directions.
- • Prepare any oral arguments or additional evidence required for the motion.
- • Respond promptly to any court notices or objections from the other side.
- • Update your case file with the filed form and service proof.
Source and verification log
- • Form title and number taken from Courts Service catalogue.
- • General purpose of Notice of Motion inferred from Irish court practice.
- • Deadline guidance based on typical court rules for motions (7‑day rule).
- • Submission methods derived from Courts Service e‑filing and clerk desk procedures.
- • Risk list compiled from common filing pitfalls in Irish civil procedure.
- • Not confirmed in official source: exact fee amount and electronic filing eligibility.
Common confusion points
7 things to watch for
- 1
Mixing up Form 40A.05 with the initial claim form (Form 40A.01).
- 2
Assuming service is optional before filing.
- 3
Leaving the ‘order sought’ description vague.
- 4
Using an outdated version of the form.
- 5
Failing to attach the correct supporting medical report format.
- 6
Not checking the specific court’s filing fee schedule.
- 7
Submitting the form to the wrong court division.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Never sign without understanding every clause.
BrieflyGo reviews your contracts in plain English — instantly.