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Irish court deadlines: the 5pm rule, the under-6-days rule, and the August pause

Order 122 has a few time-counting rules that quietly shift deadlines by a day (or a month). This guide focuses on the gotchas.
By Working Day Calculator Ireland
irish court deadlines, order 122, service after 5pm, august not reckoned pleadings, clear days ireland

Court time-counting in Ireland is mostly predictable -- until it isn't. The quirks do not show up in long timelines. They show up in urgent motions, short notices, and "served at 5:03pm" moments.

This article is the gotcha guide. Our Technical Reference page has the full, systematic method.

Quirk #1: service after 5pm is treated as service the next day

Order 122 contains a deeming rule that catches people by surprise:

  • Service must generally be effected before 5:00pm (and before 1:00pm on Saturdays).
  • Service after 5:00pm (weekday) is deemed effected the following day for time-counting purposes.
  • Service after 1:00pm on Saturday is deemed effected the following Monday.

If you are counting "from service", that deeming shift can move the entire timetable.

Quirk #2: the short period rule only applies when the time is less than 6 days

If the time allowed is less than six days, you do not reckon:

  • Saturday,
  • Sunday,
  • Christmas Day,
  • Good Friday.

But once you hit six days or more, those days generally count -- which is why "5 days" and "6 days" can behave very differently in practice.

Quirk #3: if the last day is a closure day, it rolls forward

Order 122 also builds in a practical rollover: if time expires on a Saturday, Sunday, or any other day when the offices are closed, the act is treated as in time if done on the next day the offices are open.

That rollover is why court-aware calculators need court closure calendars, not just public holidays.

Quirk #4: court offices are closed on more days than you might expect

Order 118 lists days when Superior Court offices are closed, including:

  • Christmas Day and the seven following days
  • St Patrick's Day
  • Good Friday
  • Monday and Tuesday in Easter Week
  • public holidays in public offices

So you can have a deadline that is not on a public holiday, but still cannot be filed because the office is shut.

Quirk #5: August can disappear for pleadings

Order 122 provides that, save by consent or court direction, the month of August is not reckoned when computing time for delivering or amending pleadings.

It is a rare rule that can add a month to your timetable while everything still feels like it is "running normally".

The one sentence you should remember

Before you count: identify whether you are dealing with (a) a short period, (b) service timing, (c) an office closure end date, or (d) an August pleadings timeframe -- because those are where the big shifts happen.

Need the dates without the mental overhead? Use Court Rules Mode to apply the correct exclusions automatically.

Try it -> Open the calculator

Frequently Asked Questions

Q: When does the short period rule apply?
A: When the time allowed is less than six days. At six days and above, weekends and holidays generally count unless the last day lands on a closure day.

Q: Does service after 5pm always count as the next day?
A: Yes, for time-counting purposes. Service after 5:00pm on a weekday is deemed to be on the following day, and after 1:00pm on Saturday is deemed served on Monday.

Q: Does August pause all court deadlines?
A: No. The August pause applies to time for delivering or amending pleadings, not to every type of deadline.


Sources & Further Reading:

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