Official form guide
Form 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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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1Ensure the property address matches the judgment exactly—even a postcode error can cause issues.
- 2Omitting the Case Number/File Reference
- 3Incorrectly identifying the Premises Address
- 4Failing to specify *who* receives possession
- 5Not 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Starting the Ejectment Claim
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
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)
While the number is the same, ensure the description specifies 'Recovery Of Possession'.
✓ The title must match your case perfectly.
Interim Order/Directions
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
- 1Have you filled in the Case Number correctly? (This links it to the trial record).
- 2Is the name and address of the Premises accurate?
- 3Does the form clearly state who is awarded possession?
- 4Are all necessary signatures present (Judge/Court official)?
- 5If submitting digitally, ensure the PDF is high resolution.
- 6Verify 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
- 1This form itself does not guarantee immediate possession; it confirms the *right* to possess.
- 2It is only valid once formally lodged and accepted by the Courts Service.
- 3The specific details recorded must match the final written judgment issued in court.
- 4Not confirmed in official source: It may require supporting documentation (e.g., a certified copy of the hearing minutes).
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->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.
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
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCIssued by: Courts Service of Ireland (COURTS)
- SRCForm Number: 49.08
- SRCPurpose: Records Judgment/Decree after Trial.
- SRCSubject Matter: Recovery Of Possession / Ejectment.
- SRCNot confirmed in official source: The exact required jurisdiction is not specified here.
Common confusion points
Mistaking it for the initial 'Notice' or 'Summons' to start the case.
Failing to distinguish between a Judgment (the finding) and a Decree (the formal order).
Not detailing *why* possession is granted (e.g., landlord vs. tenant rights).
Using this form when the matter was settled out of court without a full trial.
Source transparency
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