22/12/2025
Briefing

These digitalisation efforts are reshaping how legal practitioners interact with the courts system, with further developments anticipated in the year ahead. In this briefing, we highlight several key digitalisation developments and outline anticipated developments for 2026.

Digital filing, issuing and service of documents

Procedural framework

On 31 January 2025, the Rules of the Superior Courts (Digital) 2025 came into operation. These rules facilitate the digitalisation of civil proceedings in the Superior Courts, including the filing, issuing and service of documents digitally, and provide for the making and transmission of a statement of truth in place of an affidavit in proceedings where digital delivery is authorised. Similar rules came into operation in the Circuit Court (Circuit Court Rules (Digital) 2025) and the District Court (District Court (Digital) Rules 2025) on 18 June 2025.

These rules facilitating digitalisation only apply where a practice direction has authorised the use of digital delivery by or in respect of any category or class of proceedings or of applications within proceedings, category or class of court documents or documents, or category or class of parties, legal representatives and/or other persons interested in proceedings.

A new Courts Portal, part of an internal Unified Case Management System, supports the move by the Courts Service to digital delivery and is the Courts Service practitioner interface when availing of the ability to digitally deliver documents.

Rollout and implementation

Initially, digitalisation was piloted in family law proceedings. From 18 June 2025, digital delivery was permitted in proceedings initiated by Family Law Civil Bill in the Dublin Circuit.  Since 4 December 2025 the pilot has been extended to proceedings initiated by Family Law Civil Bill in all circuits pursuant to Practice Direction CC31: Digital Delivery – Family Law Civil Bill.  In this pilot, digital delivery is currently only available for proceedings which originate digitally in the Courts Portal.

In the High Court, a pilot permitting digital delivery for certain probate applications to the Probate Office, Dublin commenced on 31 October 2025 pursuant to Practice Direction HC134: Digital Delivery: Probate.

At a recent webinar for practitioners, Courts Service Modernisation Programme: Digital Progress, Plans & Live Demo on 4 December 2025,  the Courts Service indicated a High Court Portal will be rolled out in the first quarter of 2026 and it is anticipated that digital delivery at a High Court level will be expanded beyond the existing limited application in the near future.

Statements of truth

Legislative and procedural basis

The newly introduced court rules permit the making and transmission of a Statement of Truth in place of an affidavit in proceedings where digital delivery is permitted.

Statements of Truth were originally provided for in section 21 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 but, until this year, they had not come into practical effect.

In High Court proceedings, a new Order 40A provides for the making and transmission of a statement of truth in place of an affidavit, in proceedings where digital delivery is authorised.

Statements of Truth require the maker of the statement to confirm the accuracy of the contents in the following terms:

  • I have an honest belief that the facts stated in this Statement of Truth are true.
  • I understand that it is a crime to make a Statement of Truth if I do not honestly believe it is true.
  • I understand that if I make a false Statement of Truth, I may have to go to prison, pay a fine, or both.

The maker of the Statement of Truth is sent an email from the Courts Portal with a secure link to the Statement of Truth and subject to verification by phone, can confirm the accuracy of the contents in the terms above. 

A Statement of Truth has the same effect as giving evidence in court. Insofar as existing Rules of the Superior Courts confer an entitlement to cross-examine (or to apply to cross-examine) the deponent to any affidavit, they will equally apply to the maker of any statement of truth. As with an affidavit, the Court may, on the application of any party, order the attendance for cross-examination of the maker of any such statement of truth.

Whilst currently only operational in proceedings which fall within the ongoing pilots referenced above, Statements of Truth will become more commonplace as and when further practice directions authorise the use of digital delivery in additional categories of proceedings and applications within proceedings.

Conclusion

The introduction of the new digital rules marks a significant milestone in the modernisation of litigation practice in Ireland. The changes represent not merely a technological advancement but a fundamental shift in how practitioners engage with the courts system, promising substantial efficiencies in the litigation process.

Whilst the scope of digital delivery remains limited at present, the Courts Service has signalled an expanded roll-out across High Court proceedings in 2026. It is important therefore to be alert to forthcoming practice directions authorising digital delivery in additional categories of proceedings and the corresponding opportunities to issue, file and serve documents digitally and to utilise Statements of Truth in place of affidavits.

We will continue to monitor developments closely.  Should you wish to discuss any of the matters covered in this update in more detail, please contact any member of our Litigation, Dispute Resolution and Investigations Group.