49.08 Judgment (Decree) Following Trial For Recovery Of Possession Of Premises (Ejectment)
This form is a Judgment (Decree) issued after a trial concerning the recovery of property possession, commonly known as Ejectment. You use it when a court has finished hearing a case about who legally owns or occupies a premises.
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49.08 Judgment (Decree) Following Trial For Recovery Of Possession Of Premises (Ejectment)
This form is a Judgment (Decree) issued after a trial concerning the recovery of property possession, commonly known as Ejectment. You use it when a court has finished hearing a case about who legally owns or occupies a premises.
Risk Radar
- Ensure the property address matches the judgment exactly—even a postcode error can cause issues.
- Omitting the Case Number/File Reference
- Incorrectly identifying the Premises Address
- Failing to specify *who* receives possession
- Not dating the judgment correctly
Plain English
Think of this as the final official stamp from the Irish courts confirming who wins a dispute over a property. It seals the deal after a trial where someone was fighting to get back into their home or business space. This document dictates who has the legal right to occupy the premises going forward.
Submission Date
- This form must be filed promptly following the trial date; there is no confirmed grace period listed in the official source.
- 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
- • Use this when a judge has finished hearing a case about getting back into a property.
- • It is used specifically for cases involving 'Recovery Of Possession' (Ejectment).
- • This form records the final order given by the Court, not just the request to start the case.
- • Do not use this if you are only starting the initial claim; this confirms the result of that claim.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Starting the Ejectment Claim | Form 49.07 (Likely) | This form records the *result*; 49.07 is usually used to *start* the action. | Check if you are filing the initial claim or the final order. |
| Application for Possession Order | Not confirmed in official source | If the court didn't hold a full trial, this might be the decree issued instead. | See what specific relief the judge granted. |
| Judgment following other type of trial (e.g., debt) | Form 49.08 (but check context) | While the number is the same, ensure the description specifies 'Recovery Of Possession'. | The title must match your case perfectly. |
| Interim Order/Directions | Not confirmed in official source | If the court only made temporary decisions during the trial, a different form might cover that. | Confirm if the decision is final or preliminary. |
Deadline or filing window
This form must be filed promptly following the trial date; there is no confirmed grace period listed in the official source.
Before you submit
- • Have you filled in the Case Number correctly? (This links it to the trial record).
- • Is the name and address of the Premises accurate?
- • Does the form clearly state who is awarded possession?
- • Are all necessary signatures present (Judge/Court official)?
- • If submitting digitally, ensure the PDF is high resolution.
- • Verify that the Decree accurately reflects the judge's final ruling.
How to file this form
- 1Complete all sections of Form 49.08 thoroughly.
- 2Obtain necessary signatures from the presiding Court official or Judge.
- 3Submit the completed form to the relevant Courts Service office (or via the designated online portal).
- 4Keep a copy for your own records immediately after submission.
- 5If required, pay any associated filing fees at the time of submission.
Known limitations
- • This form itself does not guarantee immediate possession; it confirms the *right* to possess.
- • It is only valid once formally lodged and accepted by the Courts Service.
- • The specific details recorded must match the final written judgment issued in court.
- • Not confirmed in official source: It may require supporting documentation (e.g., a certified copy of the hearing minutes).
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This form is the official document used to record a court's final decision (Judgment or Decree) after an Ejectment trial. It confirms who wins the case regarding possession of a property.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check for updates to the mandatory fields required by the Courts Service.
- • Verify the current date format used on the template (e.g., DD/MM/YYYY).
- • Confirm the specific court jurisdiction listed matches your case location.
- • Ensure all sections relating to the parties involved are present in the latest version.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Circuit Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
49.08 Judgment (Decree) Following Trial For Recovery Of Possession Of Premises (Ejectment)
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After you file
- • Obtain a filing receipt or reference number from the Courts Service.
- • Use this form's details to track the progress of your Ejectment case.
- • Serve a copy of this filed Form 49.08 on all other parties involved in the trial.
- • Wait for notification that the decree has been formally entered into the court records.
Related Forms
- ›Form 101.1 – Notice Of Appeal To The Circuit Court (Civil Proceedings)
- ›Form 101.2 – Notice Of Appeal To The Circuit Court (Criminal Proceedings)
- ›Form 2A – Ordinary Civil Bill
- ›Form 2B – Equity Civil Bill
- ›Form 2C – Ejectment Civil Bill (Non-payment of rent)
Source and verification log
- • Issued by: Courts Service of Ireland (COURTS)
- • Form Number: 49.08
- • Purpose: Records Judgment/Decree after Trial.
- • Subject Matter: Recovery Of Possession / Ejectment.
- • Not confirmed in official source: The exact required jurisdiction is not specified here.
Common confusion points
4 things to watch for
- 1
Mistaking it for the initial 'Notice' or 'Summons' to start the case.
- 2
Failing to distinguish between a Judgment (the finding) and a Decree (the formal order).
- 3
Not detailing *why* possession is granted (e.g., landlord vs. tenant rights).
- 4
Using this form when the matter was settled out of court without a full trial.
Related Guides & Resources
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