By direction of the President of the High Court, practitioners should be aware of S.I. No. 482 of 2018: Rules of the Superior Courts (Renewal of Summons) 2018 which came into operation on the 11th of January 2019.
In practical terms, an application to renew a Summons that is still within twelve months of the date of issue shall be made to the Master. If satisfied, he shall order a three month extension of time from the date of the renewal. In addition, the court may, if satisfied, renew a summons for three months (once and once only), and no further extension of time for service will be granted.
This Statutory Instrument makes a number of significant changes to Order 8 of the Rules of the Superior Courts as follows:
- No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.
- The Master on an application made under sub-rule (1), if satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent summons be renewed for three months from the date of such renewal inclusive.
- After the expiration of twelve months, and notwithstanding that an order may have been made under sub-rule (2), application to extend time for leave to renew the summons shall be made to the Court.
- The Court on an application under sub-rule (3) may order a renewal of the original or concurrent summons for three months from the date of such renewal inclusive where satisfied that there are special circumstances which justify an extension, such circumstances to be stated in the order.
- The summons shall, where an order of renewal has been made, be renewed by being stamped with the date of the day, month and year of such renewal; such stamp to be provided and kept for that purpose in the Central Office and to be impressed upon the summons by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in the Form No. 4 in Appendix A, Part I; and a summons so renewed shall remain in force and be available to prevent the operation of any statute whereby a time for the commencement of the action may be limited and for all other purposes from the date of the issuing of the original summons.