Updates to the Rules of the Superior Courts – digitalisation and modernisation

On Friday 31 January 2025, the Courts Service introduced new rules to modernise how civil cases are handled in the Irish Superior Courts. These changes will make it easier for parties to submit and serve documents with the introduction of digital delivery. The aim is to digitalise court processes, improving efficiencies for all parties involved.

The changes were introduced by S.I. 13/2025 Rules of the Superior Courts (Digital) 2025, but they will not be in effect immediately. The changes have been introduced in advance of the launch of the Unified Case Management System Portal (“UCMS Portal”) which is set to launch shortly. The UCMS Portal will be the online platform by which digital filings can be submitted.

Updates of interest include:

1. Digital Filing and Service of Documents

One of the most significant updates is the move towards digital delivery of court documents, meaning many documents can be filed, lodged or served electronically instead of relying on paper copies. Many documents which previously would have been printed and signed in hard copy, may soon be submitted electronically.

2. Digital Signing and Sealing of Documents

Order 116 of the Rules of the Superior Court was amended by SI 13/2025 to allow for electronic seals to be used, in line with EU Regulations. As part of the modernisation process, electronic signatures will be sufficient for many documents that previously required wet-ink signatures.

3. Statements of Truth instead of Affidavits

Statements of Truth can be made and transmitted, in the place of an Affidavit, in proceedings where digital filing is authorised. This will allow for users to attest to the truthfulness of their statements online. There are a number of formal requirements of a Statement of Truth, which are as follows:
a. Statements of Truth shall be in the same form as an Affidavit sworn in the matter.
b. The statement shall be confined to such facts as the maker is able of his or her own knowledge to prove and shall state the makers means of knowledge. Statements which unnecessarily document hearsay or argumentative matters shall not be allowed.
c. Every statement shall capture the date and place it is made.
d. Each statement shall state the description, trade, profession or employment of the maker and the place of business and abode of the maker.
e. Where statements are made by minors, it must state their age.
f. Each statement must show a record detailing on whose behalf it is filed.

The Courts may strike out scandalous statements and order costs against the party concerned.

Finally, statements must be in a language which is supported by the network. There is further provision in SI 13/2025 for the translation of statements.

What this means for practitioners and parties

With the digitalisation of the process, clients can expect quicker and more efficient handling of their cases.

In simple terms, if you are involved in civil proceedings, this digitalisation in particular the facility to file and receive Court documents digitally, will save time and costs (as well as decreasing the carbon footprint of civil litigation generally) by reducing the need for physical paperwork.

If you have any questions about how these changes might affect your case, feel free to reach out to us. Our team can guide you through any aspects of your legal proceedings which may be impacted.
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Tom O’Byrne
Partner
tob@ofx.ie

Sion Williams
Partner
srw@ofx.ie