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58.28  Summons - Courts (No. 2) Act, 1986 Section 5

This form is a Summons issued under Section 5 of the Courts (No. 2) Act, 1986. It serves as an official court document to formally notify someone about legal proceedings or requirements within the Irish courts system.

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Form Overview

58.28  Summons - Courts (No. 2) Act, 1986 Section 5

This form is a Summons issued under Section 5 of the Courts (No. 2) Act, 1986. It serves as an official court document to formally notify someone about legal proceedings or requirements within the Irish courts system.

The form captures details about the specific court matter and summons itself. It records who is being called to court and under what section of the 1986 Act they are required to act.

Risk Radar

  • Do not forget to specify which County Court or District Court the summons relates to.
  • Incorrectly naming the summoning party
  • Omitting the specific case number (if applicable)
  • Failing to date the summons correctly
  • Using an outdated version of Form 58.28

Plain English

Think of this as a formal 'you are summoned' notice from the Irish courts. When you receive or need to issue this form, it means the court needs you to appear, do something, or acknowledge a legal action. It kicks off official court business.

Submission Date

  • The deadline for responding is set within the document itself, but generally, service must happen promptly after the court order is made.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this when you need to formally summon someone regarding proceedings under the Courts (No. 2) Act, 1986.
  • This is used specifically for notifications tied to Section 5 of that Act.
  • It serves as an official court directive, not just a letter or request.
  • Do not use this if the required notification falls under another specific section of the 1986 Act.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need to start a case but don't know which specific court form?Search for 'Summons' within the Courts Service of Ireland portal.This 58.28 is specifically tied to Section 5 of the Act, so check if your issue fits that section first.Verify the date and name listed on this summons matches your case details.
You are serving someone with a document but need a different type?Look for forms related to 'Warrant' or 'Order'.This form is strictly a Summons under Section 5, not necessarily an Order or Warrant, even if it relates to the same matter.Double-check that the summons details match what you are serving.
The case involves a company registered with CRO?Check for forms referencing Companies Registration Office (CRO) alongside this one.While this is a Courts Service form, many legal matters link directly to CRO filings.Confirm if the recipient is an individual or a company entity on this summons.
You are filing a simple notice instead of a full Summons?Look for a 'Notice of Appearance' or similar document.A Summons (58.28) formally requires someone to appear; a Notice might just inform them.Ensure the wording clearly indicates an obligation to attend court.

Deadline or filing window

The deadline for responding is set within the document itself, but generally, service must happen promptly after the court order is made.

Before you submit

  • All boxes requiring a tick are clearly marked.
  • The name and address of the person being summoned is complete and accurate.
  • The specific court where the matter lies is filled in.
  • The date the summons is issued is recorded correctly.
  • Ensure the presiding judge or official signature line is ready.

How to file this form

  1. 1Complete all sections of Form 58.28 thoroughly.
  2. 2Sign the document according to the required authority (e.g., solicitor, court clerk).
  3. 3File it with the relevant Irish Court office.
  4. 4Serve a copy on the person being summoned according to legal rules.
  5. 5Keep a dated copy for your own records.

Known limitations

  • This form does not specify the nature of the claim; that detail must be in the accompanying documentation.
  • It is only valid when used under Section 5 of the Courts (No. 2) Act, 1986.
  • The validity depends on correct service to the recipient.

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Current Form Status

This is the standard Summons issued under Section 5 of the Courts (No. 2) Act, 1986. It remains a core document for notifying parties within Irish courts.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check for updated dates/revision numbers at the top of the form.
  • Confirm the exact wording matches Section 5 of the Courts (No. 2) Act, 1986.
  • Verify any changes to required signatory fields.
  • Ensure the template reflects current CRO portal standards if filing digitally.

Quick Facts

A party involved in a case (like a plaintiff, defendant, or solicitor) uses this form. The person being summoned is the recipient of this document.
The form captures details about the specific court matter and summons itself. It records who is being called to court and under what section of the 1986 Act they are required to act.
This form is used when a formal legal requirement needs to be served or issued by the Courts Service. The timing depends on the specific case timeline dictated by the judge or legal process.
It can typically be submitted directly to the relevant Circuit Court or District Court office in Ireland. Submission may also happen via designated online portals used by the Courts Service.
Submitting this form correctly ensures the recipient is properly notified according to Irish law. Errors can lead to delays, failed service, or a case being dismissed later on.
Fill in all details clearly: identify the parties and the court first. Ensure the specific section (Section 5) is noted. Sign and date the form where required by the Courts Service. Submit it through the appropriate channel.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

58.28  Summons - Courts (No. 2) Act, 1986 Section 5

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After you file

  • Track the date the summons was officially served.
  • Keep a record of who received the summons and when.
  • Monitor court schedules for deadlines related to this Summons.
  • File it with your case file in line with standard Irish practice.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Number: 58.28
  • Governing Legislation: Courts (No. 2) Act, 1986
  • Purpose: Formal notification under Section 5

Common confusion points

4 things to watch for

  • 1

    Mistaking it for a simple 'Notice' instead of an official 'Summons'.

  • 2

    Not clearly stating *why* the person is being summoned (the purpose).

  • 3

    Using outdated details for the court or the party involved.

  • 4

    Failing to properly execute/sign the document before filing.

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