Official form guide
Form 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.
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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1The most common mistake is filing the motion after the deadline without the court’s permission.
- 2Missing the filing deadline
- 3Incorrect case number or party details
- 4Failing to serve the other side before filing
- 5Omitting 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Request for judgment debt payment
Used for final debt recovery, not interim orders
✓ Verify if the case is already judged
Application for a protection order
Different legal basis, usually family law
✓ Use only for protection matters
Standard summons
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
- 1Correct court name and division entered.
- 2Accurate case number and parties listed.
- 3Clear description of the order sought.
- 4All required supporting documents attached.
- 5Signature of the applicant or solicitor present.
- 6Date of filing filled in.
- 7Proof of service to the other side attached.
- 8Filing receipt obtained from the clerk.
- 9Copy 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
- 1Form does not cover applications for full trial judgments.
- 2Only suitable for personal injury actions, not other civil claims.
- 3Electronic filing may be restricted to solicitors with e-filing credentials.
- 4No built‑in validation for case number format; double‑check manually.
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.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.
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
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm title and number taken from Courts Service catalogue.
- SRCGeneral purpose of Notice of Motion inferred from Irish court practice.
- SRCDeadline guidance based on typical court rules for motions (7‑day rule).
- SRCSubmission methods derived from Courts Service e‑filing and clerk desk procedures.
- SRCRisk list compiled from common filing pitfalls in Irish civil procedure.
- SRCNot confirmed in official source: exact fee amount and electronic filing eligibility.
Common confusion points
Mixing up Form 40A.05 with the initial claim form (Form 40A.01).
Assuming service is optional before filing.
Leaving the ‘order sought’ description vague.
Using an outdated version of the form.
Failing to attach the correct supporting medical report format.
Not checking the specific court’s filing fee schedule.
Submitting the form to the wrong court division.
Source transparency
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