By Lisa Broderick, Rowena McCormack, Julie-Anne Binchy, Charlotte Burke, David Freeman & Leo Glover

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Published 02 April 2025

Overview

More than 25 years after Singapore mandated the use of an electronic filing system for litigation, by way of implementation of a new statutory instrument, Ireland looks set to align with the EU norm of allowing e-filing in civil litigation.

Statutory Instrument 13 of 2025 – Rules of the Superior Courts (Digital) 2025 (the "Digitalisation Rules") came into effect on 31 January 2025, ushering modernisation in a manifold move which will see court documents filed, issued and served through paperless means in the High Court, Court of Appeal and Supreme Court.

This is part of the Court Service's Corporate Strategic Plan, which is now in the transformation phase of its Court Service Modernisation Programme.

 

Key Amendments

  1. Digital filing and service – the Court will permit digital delivery of documents by way of filing, digital delivery of a summons, entry of an appearance by a digital user, and the use of electronic means as a permitted method of service.

The new Order 117 of the Digitalisation Rules details the requirement as to the form and delivery of documents in hard and soft copy. However, the exact implement of the rules is pending clarification in the court's awaited practice direction.

  1. Statement of Truth – where digital delivery is authorised, statements of truth can displace the requirement to lodge, file and/or serve an affidavit, whether made within or outside of Ireland. A statement of truth will contain prescribed wording and shall be signed using an electronic signature. The entitlement to cross-examine applies to statements of truth in the same way it would have applied has the person sworn an affidavit. The statement of truth also removes the requirement for a witness.
  1. Digital seals – the court will be permitted to digitally seal electronic documents.

These changes are a pivotal step towards modernising Ireland's judicial system by embracing digital technology. Importantly, these changes should reduce costs for both litigants and the court, and should streamline the court's operations. They will only be operational however once the Practice Direction has been published by the appropriate courts detailing its use and scope.

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