Official form guide
Form 55E - Notice of Motion: Assisted Decision-Making (Capacity) Act 2015
Form 55E is a Circuit Court Notice of Motion used to apply for orders under the Assisted Decision‑Making (Capacity) Act 2015. It is filed when you want the court to decide matters about a person’s capacity.
Need help with Form Form 55E - Notice of Motion: Assisted Decision-Making (Capacity) Act 2015?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - Form 55E - Notice of Motion: Assisted Decision-Making (Capacity) Act 2015
Form 55E is a Circuit Court Notice of Motion used to apply for orders under the Assisted Decision‑Making (Capacity) Act 2015. It is filed when you want the court to decide matters about a person’s capacity.
Risk Radar
Scan points- 1The most common mistake is forgetting to send the form to the Court Office and the other party at least seven days before the hearing.
- 2Missing the 7‑day filing deadline
- 3Leaving any required field blank (e.g., eircode or affidavit date)
- 4Failing to attach the supporting affidavit
- 5Not signing the form or omitting solicitor details when required
Plain English
Think of this as a formal letter to the court saying you need a decision about someone’s ability to make choices. You fill in your details, the other party’s details, the affidavit you’re relying on, and the orders you want.
Submission Date
- Filing date: The form must reach the Court Office and the other party at least seven days before the hearing date; later filings risk being rejected.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
AI co-pilot
Fill it faster. Catch mistakes before you file.
What this form is for
- When you need the Circuit Court to decide a matter about a person's capacity under the 2015 Act.
- When you are the applicant or a representative applying for orders listed in the Act.
- When you have an affidavit to support the application and want the court to hear it.
- Not for use in the High Court or for non‑capacity civil matters.
- If you are the Relevant Person and wish to respond, use Form 55F instead.
Form selector
Use this form or another form?
You are the Relevant Person and want to reply
Specifically for a response to a 55E motion
✓ Verify you are the Relevant Person before proceeding
Application is for a High Court order
Circuit Court forms do not apply to the High Court
✓ Confirm the correct court jurisdiction
Matter does not involve capacity under the 2015 Act
Different legislation and order types
✓ Check the legislation cited in your application
Standard Circuit Court Notice of Motion (Form 55)
Deadline or filing window
The form must reach the Court Office and the other party at least seven days before the hearing date; later filings risk being rejected.
Before you submit
- 1All mandatory fields (Applicant, Relevant Person, court venue, hearing date) are filled.
- 2Eircode and address lines are correctly formatted.
- 3Affidavit attached and sworn date entered.
- 4Requested orders described in section C.
- 5Signatures of applicant(s) and solicitor (if applicable) are present.
- 6Copies of the completed form are prepared for the applicant/solicitor and the court office.
- 7Send the copies at least seven days before the hearing date.
- 8Keep a dated copy for your own records.
- 9Confirm the court fee stamp area is left blank for the court to fill.
How to file this form
- 1Enter applicant (and optional second applicant) details on page 2.
- 2Enter any respondent details on page 3 if applicable.
- 3Complete the affidavit information on page 3 and attach the sworn affidavit.
- 4Write the specific orders you are requesting in section C on page 4.
- 5Add any extra information on page 5, then sign on page 6 (and solicitor if used).
- 6Make two copies: one for the applicant/solicitor, one for the court office.
- 7Deliver the copies to the court office and the other party at least seven days before the hearing.
Known limitations
- 1Only for Circuit Court applications under the Assisted Decision‑Making (Capacity) Act 2015.
- 2Requires an accompanying affidavit; the form alone is not sufficient.
- 3Must be served to the other party and the court at least seven days before the hearing.
- 4If you are the Relevant Person, you cannot use this form to reply – you need Form 55F.
- 5The form does not include a place for a court fee; the fee stamp is completed by the court.
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 55E is the current Circuit Court Notice of Motion for applications under the Assisted Decision‑Making (Capacity) Act 2015; no amendment date is shown in the source.
What changed or needs a fresh check
- Confirm the correct Circuit Court venue and date of hearing are entered.
- Check that the applicant and any respondent details (name, address, eircode) are complete.
- Verify the affidavit section includes the affiant’s name and sworn date.
- Ensure the requested orders are clearly written in section C.
- If a solicitor is used, confirm their name, firm address, email and signature are present.
- Make sure the fee‑stamp area is left for the court to complete.
Quick Facts
Form Details
- Revision date
- 07/04/25
Sources
- SRCForm title, number and purpose confirmed from page 1.
- SRCCourt fee stamp area shown on page 1.
- SRCApplicant and optional second applicant fields listed on page 2.
- SRCRespondent fields listed on page 3.
- SRCAffidavit details section (affiant name, sworn date) on page 3.
- SRCOrder request section (C) on page 4.
- SRCInstruction to send copies at least seven days before hearing on page 5.
- SRCSignature and solicitor details section on page 6.
- SRCReference to Form 55F for replies on page 5.
Common confusion points
Mixing up ‘Applicant’ with ‘Relevant Person’; the Relevant Person is the person whose capacity is in question.
Leaving the fee‑stamp area blank before filing; it is for the court to complete, not the applicant.
Failing to attach the sworn affidavit referenced in section B.
Using Form 55E to respond to a motion instead of Form 55F.
Missing the seven‑day service deadline to the other party and the court.
Omitting solicitor details when a solicitor is acting on behalf of the applicant.
Providing incomplete address information (missing eircode or town).
Writing orders in a vague manner rather than specifying the exact relief sought.
Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.