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Guidelines for ... appeal from the Circuit Court


An appeal from the Circuit Court is made under Order 61 of the Rules of the Superior Courts. A notice of appeal must be filed within 10 days of the Circuit Court order or judgment. The notice must be served and service is indorsed on the back of the notice before it is lodged/filed. A sample of an indorsement of service is set out below.

Where to lodge a notice of appeal

This depends on whether there is oral evidence in the case.

  • If there is oral evidence the appeal is lodged in the Circuit Court Office and the appeal is then heard by a High Court judge on circuit

  • If there is no oral evidence the appeal is lodged in the Central Office and the appeal is heard in Dublin

  • If the Circuit Court case was originally heard in Dublin the appeal is always lodged with the Central Office

  • Order 61 Rule 3 allows 10 days for the appeal to be served and lodged in the Central Office, if serving by post the appeal must be sent on the 9th day

 

Stay on the Circuit Court order

An appeal of a case does not act as a stay on the Circuit Court order.

  • The application for a stay on the order must be made in the Circuit Court.

  • If the application for a stay is refused, an appeal of this refusal is lodged in the Central Office, this is provided for in Order 61 Rule 6 Rules of the Superior Courts.

  • Order 61 Rule 6 allows 4 days for the appeal to be served and lodged in the Central Office

 

This can result in two appeals being lodged, in two locations, from one Circuit Court case.

Extension of time to appeal a Circuit Court order

If you are outside the time limits set out above, you can apply for an extension of time within which to bring the appeal.

  • File a notice of motion and grounding affidavit in the Central Office, to apply to the Master of the High Court for an extension of time within which to lodge the appeal

  • If the extension of time is granted the notice of appeal along with the order of the Master should be served. The notice should be indorsed and lodged in the relevant office.

 

Sample Notice of Appeal

THE HIGH COURT

CIRCUIT APPEAL

CIRCUIT NO.

CIRCUIT

COUNTY OF

BETWEEN:

PLAINTIFF/APPLICANT

and

DEFENDANT/RESPONDENT

 

Take notice that the _______ hereby appeals to the High Court sitting in _______ at the first opportunity after the expiration of ten days from the date of service hereof from ________ given herein on the ___________

Dated the

Signed: _____________________

To:
  Chief Registrar
  Central Office
  High Court
  Four Courts
  Dublin 7.

To:
  _____________
  _____________
  _____________
  _____________
  _____________

 

  

Sample Indorsement of Service

I ______ did serve this Notice of Appeal on ______ at ______ on the __ day of _____ 20__.

Signed _______ this __ day of ___ 20__. 

 

Circuit Appeal of Circuit Court order

Order 61 Rules of the Superior Courts

Circuit Appeal of Refusal of a Stay

Order 61 Rules of the Superior Courts

 

___________________________
This page updated: 8 March 2017