Below you can find definitions of frequently used Civil Law terms, that may be helpful for your Debt matter.
For more information on additional definitions, please see our Courts Service glossary page.
Affidavit
A sworn statement setting out the facts and relevant documents to be considered by the court as part of a case.
Appeal
An action taken by a party to a case who is dissatisfied with a Court decision.
Appearance Form
A document which indicates that a defendant, having being served with a Claim in the Circuit Court (Entry of Appearance) or High Court (Memorandum of Appearance) civil action, intends to defend the action.
Appearance and Defence Form
A document which indicates that a defendant, having been served with a Claim in the District Court civil action, intends to defend the action.
Circuit
A region made up of one or more counties where the Circuit Court sits.
Civil Bill
A document used to commence a civil case in the Circuit Court. It gives details of the parties to the case and details of the claim being made.
Claim Notice
A document used to commence a civil case in the District Court. It gives details of the parties to the case and details of the claim being made.
Claimant
The person who is making a claim against another person in legal matters.
Commissioner for Oaths
A person who is authorised to witness signatures on some legal documents, particularly affidavits.
Counterclaim
If the respondent disputes the claimant's case, in addition to their defence, they can also make your own claim against the claimant, within the same case.
Defence
A document delivered by the Respondent to the Claimant in response to a claim in the District, Circuit or High Court.
Defendant
A person who has a claim made against them in legal matters.
Ex Parte Application
A type of court application where only one party needs to be aware of the application and be present in court.
Endorsement of Service
A signature on a legal document, by the server, which includes service details, such as the time, date, method and place of service.
Execution Order
A document required to enforce a court order/judgment in the circuit court.
Grounding (or supporting) Affidavit
An affidavit that is submitted with, and to support, a court application.
Issued
The document is officially accepted as correct and then stamped and signed by a Courts Service staff member.
Judgment in Default
Judgment granted if a claim is not responded to, or defended by, a respondent.
Judgment Form
This is a document granting an Order for Judgment in default used when submitting a Judgment set.
Judgment Set
The legal documents that must be completed and submitted to get a Judgment in default.
Jurisdiction
This can be the power of a court to hear a case, and or the geographical area where a case can be taken.
Liquidated Debt
A specified amount of money owed.
McKenzie Friend
A lay person who may provide moral support and help with case papers to another individual in court, but who cannot represent that individual in court.
Mediated Agreement
An agreement between different parties, which has been assisted by a Mediator.
Notice of Motion
A written application for an order from the court on notice to another other party in the case.
Parties
A person or group involved in a legal case.
Peace Commissioner
A person who is authorised to witness signatures on some legal documents, excluding Affidavits.
Respondent
The person against whom a claim is being made, in legal matters.
Serve/Serving
The sending of a copy of a court document in line with the relevant court rules.
Stay on Proceedings
When the court puts a temporary stop/halt to court proceedings.
Substituted Service
An application made to court, to serve a legal document in a manner that is not set out in the relevant court rules.
Summary Judgment
A judgment for a claim in respect of a debt or specific monetary demand. This judgment is granted to the claimant against the defendant without the need to bring the claim to court.
Summary Summons
A document used to commence certain civil proceedings (for example, claims for a specific amount of money, recovery of possession by a landlord) in the High Court, to be heard on affidavit (that is, not oral evidence).
Summons Server
A person who specialises in serving legal documents, and who will charge a fee for this service.