Circuit Court deadlines look straightforward — until you discover that a personal injury defence gets six weeks while a general civil bill defence gets ten days, or that a limitation period you assumed was immovable actually has a statutory extension mechanism.
This guide covers the gotchas. For detailed time counting and calendar rules, see the Technical Reference page.
Quirk #1: limitation periods are (mostly) immovable — but not always
Limitation periods are statutory. Miss them and the claim is gone.
- 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 — but the court may extend this to 2 years where the interests of justice require it.
That defamation exception catches people both ways: plaintiffs who assume they have no flexibility, and defendants who assume the year is a hard stop.
Quirk #2: personal injury procedural deadlines are not the same as general ones
Most Circuit Court civil bills follow a 10-day rhythm: 10 days for appearance, 10 days for defence. But personal injury actions have their own timelines:
- Appearance: 10 days (same as general).
- Defence: 6 weeks from entering appearance.
- Reply: 6 weeks if required.
That is a big difference. If you are diarising a PI case using the general 10-day assumptions, you are either rushing unnecessarily or expecting a defence that is not yet due.
Quirk #3: procedural deadlines feel soft — until they are not
The 10-day (or 6-week) limits above are commonly treated as not strictly enforced. Late filings are often accepted in practice. But "usually fine" is not the same as "always fine":
- Late filing can still trigger costs consequences.
- If you are relying on a limitation defence, you need to plead it explicitly — the court will not assume it.
- Persistent delay can lead to strike-out or dismissal for want of prosecution.
Quirk #4: PIAB suspends limitation — but the post-authorisation window is short
For personal injuries, you usually need PIAB authorisation before issuing. The interaction with limitation is non-obvious:
- Limitation suspends once the PIAB application is registered — so the clock stops.
- The assessment period is 9 months from respondent consent (extendable by 6 months).
- But once authorisation issues, you have only 6 months to issue proceedings. That window can close quickly if you are waiting on counsel or an expert.
Quirk #5: "4 clear days" is not "4 days"
Motions require at least 4 clear days' notice (unless the rules otherwise provide). Clear days exclude the day of service and the hearing day — so "4 clear days" is effectively 6 calendar days from service to hearing.
Affidavits in reply are often 7–14 days as directed. Discovery compliance runs to the court's order.
Service of the Civil Bill
One timing point that sits outside the procedural rhythm: service of the Civil Bill must generally happen within 12 months of issue. This is easy to miss on cases that are issued defensively near a limitation deadline and then parked.
Need to count the dates? Use the calculator to validate your timeline.
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Frequently Asked Questions
Q: Can I get an extension of time? A: For most limitation periods, no (though defamation has an express statutory extension mechanism). 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 Circuit Court 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:
- Citizens Information - Circuit Court Procedures
- Civil Liability and Courts Act 2004
- Statute of Limitations 1957
- PIAB Act 2003
Last updated: 20 March 2026. This guide is for informational purposes only. Always verify deadlines with official sources before making critical decisions.
