Circuit Court Time Limits: The Deadlines That Determine Your Case

Circuit Court cases are driven by two different kinds of deadlines:

Limitation periods set by statute (hard stops).
Procedural deadlines set by court rules (often flexible but risky to miss).

This guide focuses on the most common civil timelines. For detailed time counting and calendar rules, see the Technical Reference page.

1. Limitation Periods (Before You Even Issue)

Limitation periods are statutory. If you miss them, the court cannot extend them.

Personal injury: 2 years from the "date of knowledge".
Contract: 6 years from breach.
Tort (non-PI): 6 years from damage occurring.
Defamation: 1 year (extendable to 2 years in exceptional cases).

2. Procedural Deadlines After Issuing

These are set by the Circuit Court Rules. They are often extendable, but late filing can still trigger costs consequences or tactical disadvantage.

Service of Civil Bill: generally within 12 months of issue.
Entry of Appearance: 10 days from service of the Civil Bill.
Defence: 10 days from entering appearance.
Reply to Defence: 10 days if required.

Important nuance: The 10-day limits are commonly treated as not strict, but you should still comply and, if relying on a limitation defence, plead it explicitly.

3. Discovery and Interlocutory Steps

There is no universal discovery deadline. The court usually sets dates in the order.

Common timings include:

Motions: at least 4 clear days' notice.
Affidavits in reply: often 7-14 days as directed.
Compliance with discovery: per the court's order.

4. Setting Down for Trial

Once pleadings close, the matter can be set down. The key timing risks here are delay and cost exposure:

Delay can trigger "want of prosecution" applications.
Adjournments typically require notice and good reason.

5. Personal Injuries Assessment Board (PIAB) Timelines

For personal injuries, you usually need authorisation before issuing:

Assessment period: 9 months from respondent consent (extendable by 6 months).
Limitation suspension: time stops once the PIAB application is registered.
Post-authorisation window: 6 months to issue proceedings after authorisation.

Consequences of Missing Deadlines

Strike-out or dismissal for delay.
Judgment in default if a defence is not filed.
Cost penalties even when late filings are accepted.
Potential professional negligence exposure for practitioners.

Frequently Asked Questions

Q: Can I get an extension of time?
A: For limitation periods, no. For procedural steps, often yes, but do not assume it will be granted without costs consequences.

Q: What happens if the defendant does not file a defence?
A: The plaintiff can apply for judgment in default.

Q: How do I calculate "clear days"?
A: Clear days exclude the day of service and the hearing day. Use the calculator to avoid miscounting.

Q: Does the August court vacation affect deadlines?
A: It can, depending on the rule and the type of step involved. Always check the specific rule that applies to your application.

Sources & Further Reading:

Last updated: 26 January 2026. This guide is for informational purposes only. Always verify deadlines with official sources before making critical decisions.