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Supreme Court Office
Commissioner for Oaths - forms
Notary Public - forms 

An appeal to the Supreme Court can be initiated by serving a notice of appeal on all parties directly affected by the appeal.

Order 58 of the Rules of the Superior Courts lays down the procedure for the processing of appeals to the Supreme Court.

The notice of appeal must state whether the whole, or part only, of the decision is complained of and state the grounds of appeal and the remedy sought.

A stamp duty fee is charged on the notice of appeal - see Supreme Court and High Court (Fees) Order.

A notice of appeal must be served on the other party within 21 days of perfection, or writing up, of the decision of the High Court and the notice lodged in the Supreme Court office within 7 days after that.

An appeal against a refusal to grant an ex parte application in the High Court must be mentioned orally in the Supreme Court within 4 days of that refusal by the High Court. (An ex parte application is an application brought in court without notice to the other side).

The Rules provide that books of appeal be lodged in the Supreme Court office and should consist of the notice of appeal, (or notice of cross-appeal, if it exists), a copy of the decision under appeal, all copies of pleadings to date and a copy of the judgement in the High Court. (Pleadings are the formal printed statements in a civil action exchanged between the parties stating the allegations of fact upon which the parties in the action base their case).

Witnesses are not usually called in the Supreme Court so a transcript of any oral evidence tendered in the High Court is also lodged with the books of appeal.

Three books of appeal have to be lodged in personal injuries cases as usually only three judges sit for this type of case and five books of appeal in all other cases as five judges will quite often sit. If you are represented by a solicitor the books of appeal will be prepared by your solicitor.

If you are not legally represented you will have the onus of preparing the books of appeal yourself but the office endeavours to give whatever assistance it can in these situations.

The office prepares books of appeal for prisoner appellants who are not professionally represented. These appeals usually fall into the category of refusals by the High Court of ex parte applications for leave to apply by way of judicial review for orders of Certiorari Mandamus or Prohibition or refusals for leave to apply for Habeas Corpus or refusal of bail. When all the documents are ready the appeals are allocated dates for hearing by the court.

The Legal Diary, which is published daily, is kept up to date in regard to the listing of cases in the Supreme Court.

The rules of procedure in regard to cases stated by the High Court and the Circuit Court to the Supreme Court are set out in Order 59 of the Rules (a case stated is a statement of the facts of a case submitted for the opinion of a higher court clearly identifying the point of law upon which opinion is sought).

Appeals from the Court of Criminal Appeal on a point of law of exceptional public importance are made by virtue of Section 29 of the Courts of Justice Act 1924.Every decision of the Court of Criminal Appeal is final unless a certificate of leave to appeal to the Supreme Court is given. Such certificate will only be granted by the Court of Criminal Appeal or the Attorney General or the Director of Public Prosecutions if deemed that a point of law of exceptional public importance is involved and that it is desirable in the public interest that the opinion of the Supreme Court be taken thereon.

'Motions', or applications, in regard to appeals are made to the Supreme Court by serving a notice of motion on the parties concerned.

A motion can be brought to admit further evidence at the hearing of the appeal if evidence is discovered that was not available at the High Court hearing.

A motion can be brought to extend time for serving and filing a notice of appeal if the time for appeal has expired where the other side has refused to consent to an extension.

An appeal to the Supreme Court does not act as a stay or postponement on a High Court decision, unless granted by the High Court, so a motion for a stay can be brought to the Supreme Court. If there is a delay by any party in processing an appeal a motion can be brought to dismiss the appeal for want of prosecution.

If you wish to withdraw an appeal that is listed for hearing an application must be made to the court to have it withdrawn. On the other hand if the appeal is not listed for hearing, a letter from both sides confirming that nothing remains outstanding will suffice to withdraw the appeal.

Authentication of signatures

With regard to authentication of signatures of Notaries Public and Commissioners for Oaths this applies only if documents are going to a country not party to the Hague Convention. Otherwise the documents should go to the Department of Foreign Affairs in the first instance for authentication. Documents are left in the Supreme Court office overnight and will be ready for collection next day.

Appointment of Commissioner for Oaths

Applicants who wish to be appointed a Commissioner for Oaths are appointed by the Chief Justice sitting in open court.

Applications are made by petition which must be verified by affidavit of the petitioner in which is exhibited a certificate of fitness generally signed by six local solicitors and six leaders of the local business community.

The petition is brought before the Chief Justice by notice of motion which must be served through this office on:

• the District Court Clerk for the applicant's district
• for Dublin only - The Law Society.
• For all areas outside Dublin - the local Bar Association.

The Petition may be moved by counsel or solicitor on the petition's behalf.

Appointment of Notaries Public

Notaries Public are appointed by the Chief Justice sitting in open court. Applications are made by petition which must be verified by affidavit of the petitioner in which is exhibited a certificate of fitness generally signed by six local solicitors and six leaders of the local business community.

The petition is brought before the Chief Justice by Notice of Motion which must be served through this office on

• The Registrar of the Faculty of Notaries Public in Ireland
• The Secretary Law Society of Ireland

The Petition may be moved by counsel or solicitor on the petitioner's behalf.

The general practice is to appoint only solicitors as notaries public.

When a person, who is not a solicitor, applies to be appointed a notary public, the Law Society will require that he give an undertaking to the Chief Justice not to engage in conveyancing or in legal work usually performed by a solicitor.

Requirements for Notice of Motion

1. Original motion with endorsement of service
2. Original grounding affidavit
3. Three motion books comprising;

   (i) copy of motion
   (ii) copy ofaffidavit
   (iii) copy of exhibits referred to in affidavit
   (iv) copy of high court order
   (v) copy of notice of appeal
   (vi) copy of any other documents relevant to the motion

Books should be indexed and paginated.

Motions are heard in the Supreme Court every Friday in term

Copy motions and all necessary documents must be lodged in the Supreme Court Office no later than the preceding Tuesday

Service on solicitors: Hand or registered post 2 days clear notice

Service on lay litigant: Personal service only 4 days clear notice

If service effected by registered post, postal slip is required with endorsement of service