New Rules to Facilitate Digitalisation of Civil Proceedings

Recent changes have been made to the Rules of the Superior Courts to facilitate increased digitalisation of civil proceedings. The new rules came into force from 31 January 2025.[1] The revisions introduce digital processes for civil proceedings, including:

• Filing documents online
• Issuing documents digitally
• Serving documents electronically

The relevant statutory instrument updates certain existing rules. The changes also include the adoption of two schedules to the statutory instrument which make more wholesale revisions:

• Schedule 1 creates a new Order 40A, which deals with statements of truth.
• Schedule 2 replaces the text of Order 117 and Order 117A, updating rules on the form and delivery of relevant documents

We provide an overview of the main changes to the rules in this article. However, practice directions are still needed to fully implement them.

Substantive statutory instrument revisions

The statutory instrument makes several changes to the existing Rules of the Superior Courts to support the digitalisation of civil proceedings. These changes allow for the issuing and serving of proceedings, as well as entering an appearance to proceedings, through digital means. Other specific changes regarding digital delivery of documents involve appeals to the Supreme Court and Court of Appeal. These changes will allow proceedings and appeals to be filed digitally, rather than relying solely on hard copy processes. This modern approach should benefit litigants and legal practitioners while also reducing the administrative burden on courts and court offices.

New Order 40A

The provisions of the new Order 40A of the Rules of the Superior Courts relates to statements of truth being used in place of affidavits. Affidavits are formal sworn documents. When a document is delivered digitally, a statement of truth will satisfy the relevant legal requirements which would otherwise apply authentication by way of affidavit. Certain formalities are still required, but digital delivery removes the need for the much stricter requirements of an affidavit. This development has the potential to make civil proceedings faster and more cost-effective. In particular, it removes the need to appear before a commissioner for oaths, practising solicitor, or notary public to swear an affidavit.

Replacement Order 117

The new Order 117 outlines the rules for how documents should be formatted and delivered, in both print and digital form. The rules specify what information digital documents must contain and the requirements for delivering them electronically. Importantly, it records that practice directions will be required to authorise:

• The types of proceedings and applications
• The types of court documents involved, and
• The classes, or groups of users permitted to use digital document delivery

In this context, the new rules serve as more of a framework. Until practice directions are issued, the full scope and availability of digital delivery is not fully known.

Conclusion

These revisions mark a significant ambition to modernise civil proceedings through the introduction of comprehensive digital filing, issuing, and service capabilities. This is in line with the Courts Service’s Modernisation Programme and Development Plan, set out in the Irish Courts Strategic Plan 2024–2027. While the rules lay the groundwork for significant changes, it remains to be seen what future practice directions will look like. The impact of these changes will depend on how they are implemented and used. With the right procedural safeguards in place, they could significantly streamline civil proceedings. At the same time, it is important that they ensure that the integrity of legal processes is maintained.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] SI 13 of 2025, Rules of the Superior Courts (Digital) 2025.