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Form 12 – Affidavit grounding motion for summary judgment

This is Form 12 from the Courts Service of Ireland. It serves as an Affidavit that supports a motion for summary judgment. You use it when you want the court to decide your case without a full trial.

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Form Overview

Form 12 – Affidavit grounding motion for summary judgment

This is Form 12 from the Courts Service of Ireland. It serves as an Affidavit that supports a motion for summary judgment. You use it when you want the court to decide your case without a full trial.

It captures sworn statements about the case's facts. It formally grounds the request for summary judgment before the court.

Risk Radar

  • The biggest risk is failing to swear or affirm the document correctly.
  • Not having a solicitor sign/witness the affidavit.
  • Failing to clearly state *why* summary judgment is appropriate.
  • Missing required supporting documentation (e.g., witness statements).
  • Submitting it to the wrong court registry.

Plain English

Think of this form as sworn evidence in front of the Irish courts. You are swearing under oath that certain facts prove you should win quickly. This speeds up how the judge decides your dispute.

Submission Date

  • Check your specific court calendar, but generally, this must be filed before the hearing date scheduled for summary judgment.
  • 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 form when you want the court to decide your case quickly, without a full trial.
  • It acts as an Affidavit that provides evidence backing up your motion.
  • Select this if the facts of your case are clear enough for immediate judgment.
  • Do not use it if you expect significant disputes or complex factual arguments at trial.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need to file a standard Motion but don't need affidavit supportGeneral Motion Form (if available)Use this when the motion is simple and self-evident.Check court rules for exact substitution.
Starting a completely new case actionOriginating Summons/Plaint FormThis form supports a decision, not the start itself.Ensure you have the main claim document ready.
Need to challenge an existing judgment quicklyNotice of Motion with supporting AffidavitUse this if you are responding to someone else's motion.Confirm which party is filing.

Deadline or filing window

Check your specific court calendar, but generally, this must be filed before the hearing date scheduled for summary judgment.

Before you submit

  • The Affidavit must be properly sworn or affirmed before an authorized person.
  • All facts stated in the body of the affidavit must be verifiable.
  • The motion itself (the request) must clearly reference Form 12.
  • Check that all parties involved are correctly named on the form.
  • Ensure you have paid any required court filing fees.

How to file this form

  1. 1Complete all sections of Form 12 accurately.
  2. 2Have the Affidavit properly signed and dated by the deponent.
  3. 3Get the affidavit formally sworn/affirmed before a solicitor or Commissioner for Oaths.
  4. 4File the completed, executed form with the relevant Irish court office.
  5. 5Ensure you receive an official filing receipt number.

Known limitations

  • This form itself does not guarantee summary judgment; it only supports the motion.
  • The specific rules governing when Form 12 is mandatory are set by the presiding judge/court rules.
  • It requires a supporting Motion document to be filed alongside it (not confirmed in official source).
  • Not confirmed in official source: There might be variations based on Circuit vs. District Court.

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Current Form Status

This is Form 12 from the Courts Service of Ireland. It remains the standard document for supporting a request for summary judgment.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check for updates regarding electronic submission requirements (e.g., through Courts Service online portals).
  • Verify the current required signature format (wet vs. digital).
  • Confirm any changes to the specific affidavit declaration wording.
  • Ensure the court name/jurisdiction listed matches your intended hearing location.

Quick Facts

A party involved in litigation (a claimant or defendant) needs to file this form. The person making the motion must sign the affidavit.
It captures sworn statements about the case's facts. It formally grounds the request for summary judgment before the court.
You submit this when you believe the evidence is so clear that a full hearing isn't necessary. Timing depends on the specific court rules of your case.
It must be submitted to the relevant Irish Court (Courts Service). Submission methods are typically through the Courts online portal or by posting it directly.
Correct completion ensures the judge has the proper sworn evidence needed for a ruling. Errors can cause delays or lead the court to reject your motion entirely.
First, write out all the facts you want the court to accept. Then, have someone witness and sign it as an affidavit. Finally, ensure all supporting documents are attached before filing with the Courts Service.

Form Details

Agency
Courts Service of Ireland
Revision Date
08/08/25

Form 12 – Affidavit grounding motion for summary judgment

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After you file

  • Keep a copy of the filed Form 12 for your records.
  • Track the court's response timeline regarding the hearing date.
  • Be prepared to attend the hearing where the motion is argued.
  • If you receive an order, ensure it references this specific Form 12.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Number: Form 12
  • Purpose: Affidavit grounding motion for summary judgment
  • Context: Used in Irish civil litigation.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Affidavit' with 'Motion': The Affidavit *supports* the Motion; they are two parts.

  • 2

    Not knowing who needs to swear the document: It must be the person making the claims (the deponent).

  • 3

    Filing it without a supporting motion: The court won't know what you want judgment on.

  • 4

    Assuming summary judgment is automatic: The judge still has to agree that the facts are undisputed.

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