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Appeals

If, as a claimant or respondent, you do not agree with all or part of the court's decision, you can make an application to a higher court, known as an appeal. You can appeal a decision that was made in:

  • The District Court
  • The Circuit Court
  • The High Court

Before deciding to make an appeal, you should consider whether you have valid grounds on which to make the appeal. Appealing a court decision may result in you having to pay further costs. You should also note that in civil cases, an appeal does not put a stay on proceedings unless by order of the court.

On this page you can find information on the procedures and court fees associated with appealing a decision from each jurisdiction.

Appealing a Court's Decision

The information below is specific to each court jurisdiction. Depending on the jurisdiction in which you wish to make an appeal, please click on the relevant tab.

Appealing a District Court Decision

As a claimant or a respondent, you can appeal a District Court decision to the Circuit Court. To do this, you must submit a set of documents with the court office in the District Court area where the case was heard. This will require the payment of court fees.

To appeal a District Court decision, you must submit the following documents in the court office where the decision you are appealing was made:

  • Notice of Appeal (Form 101.1). This must be signed by the party appealing the decision (known as the appellant) or their solicitor. The notice must be served on the other party in the case, and submitted in the court office by the appellant or their solicitor within 14 days of the judge's decision being made. Service must be completed before the notice can be submitted in the court office.
  • Statutory Declaration of Service (Form 41.01 - Registered PostForm 41.02 - Ordinary PostForm 41.03 - Personal Service). In this form, you detail the time, date, method, and place of service on the other party in the case. The declaration can be made before a practicing solicitor (but not your own solicitor), a notary public, a peace commissioner, a commissioner for oaths, or a District Court judge.

For more information on serving and proof of service, please see our  Serving and Proof of Service page.

After you complete the above steps, the matter will be listed before the Circuit Court. If you are not legally represented you will be notified of the date of the appeal hearing by the court office where the appeal was submitted. Alternatively, the appeals list will be published on the Legal Diary page of Courts.ie. The appeal court's decision will be issued to both parties when finalised.

Note: Submitting a Notice of Appeal does not stop a District Court Order from taking effect. If you wish to stop a District Court order from taking effect, you should make a separate application by submitting a Notice of Motion (Form 44.01) along with any supporting Affidavit (template form that can be used) in the court office where the decision was made. This is known as a "stay" on a court order.

Extension of Time to Appeal

You can apply for an extension of time in which to appeal a District Court civil decision by making an application to the Circuit Court. To do this, you must submit a Notice of Motion (template form that can be used) in the relevant court office, and serve a copy of it on the other party.

If an order extending the time to appeal is granted by the court, you must serve a copy of this order and a copy of the Notice of Appeal (Form 101.1) on the other party. You must then submit proof of service and the original Notice of Appeal in the court office where the decision you are appealing was made. 

District Court Fees

Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.

  • Notice of Appeal: €25.
  • Notice of Motion to put a stay on a court order: €15.
  • Notice of Motion for extension of time to appeal, submitted in the Circuit Court: €60.
  • Grounding Affidavit: €15.

Appealing an Order of the County Registrar of the Circuit Court

As a claimant or a respondent, you can appeal an order of the County Registrar of the Circuit Court by appealing to a judge of the Circuit Court.

To appeal (review) an order of the County Registrar of the Circuit Court, you must submit the following documents in the court office where the decision you are appealing was made: 

    You will receive a return date to appear before a judge of the Circuit Court once you submit these documents.

    Note: You have to submit your Notice of Motion within 10 days from when the County Registrar's order is perfected (signed).

    Appealing a Circuit Court Decision

    As a claimant or a respondent, you can appeal a Circuit Court decision to the High Court. To do this, you must submit a set of documents with the court office in the Circuit Court region or county where the case was heard. This will require the payment of court fees. For more information, please see the Circuit Court Appeal Fees section below. 

    To appeal a Circuit Court decision, you must submit the documents below. Where you submit these documents may depend on whether oral (spoken) evidence was given in the case you are appealing. For more information, please see the oral evidence section below.

    • A Notice of Appeal (Form 1, Appendix 1 - Dublin, Form 1, Appendix 2 - Outside Dublin). This form must be signed by the party appealing the decision (known as the appellant) or their solicitor. The notice must be served on the other party in the case by the appellant or their solicitor within 10 days of the judge's decision being made. Service must be completed before the notice can be submitted in the court office.
    • A Statutory Declaration of Service (Form 1B - Registered Post, Form 1C - Personal Service). In this form, you detail the time, date, method, and place of service on the other party in the case. The declaration can be made before a practicing solicitor (but not your own solicitor), a notary public, a peace commissioner, or a commissioner for oaths.

    For more information on serving and proof of service, please see our  Serving and Proof of Service page.

    After you complete the above steps, the matter will be listed before the High Court. If you are not legally represented you will be notified of the date of the appeal hearing by the court office where the appeal was submitted. Alternatively, the appeals list will be published on the Legal Diary page of Courts.ie. The appeal court's decision will be issued to both parties when finalised.

    Note: Submitting a Notice of Appeal does not stop a Circuit Court Order from taking effect. If you wish to stop a Circuit Court order from taking effect, you should make a separate application by submitting a Notice of Motion, along with any supporting Affidavit (template forms that can be used) in the court office where the decision was made. This is known as a "stay" on a court order.

    Extension of Time to Appeal 

    You can apply for an extension of time in which to appeal a Circuit Court civil decision by making an application to the High Court.

    To do this, you must apply to the Master or Deputy Master of the High Court by submitting a Notice of Motion along with any supporting Affidavit (template forms that can be used) in the Central Office of the High Court. You must then serve a copy of both documents on the other party.

    If an order extending the time to appeal is granted by the court, you must serve a copy of this order and a copy of the Notice of Appeal on the other party. You must then submit both documents in either the Central Office of the High Court, or the court office where the decision you are appealing was made. For more information on where to submit your appeal, please see the section on oral evidence below. 

    Where to Submit Your Appeal

    Whether oral (spoken) evidence was given in the case you are appealing may affect where you submit your Notice of Appeal.

    The Notice of Appeal (Form 1, Appendix 1) must be submitted in the Central Office of the High Court if:

    • the Circuit Court case you are appealing was heard in Dublin, or
    • there was no oral (spoken) evidence given in the case you are appealing, and it was heard outside of Dublin.

    The Notice of Appeal (Form 2, Appendix 1) must be submitted in the Circuit Court office if:

    • there was oral (spoken) evidence given in the case you are appealing, and it was heard outside of Dublin.

    Circuit Court Appeal Fees

    Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.

    Notice of Appeal: €130.

    Each Notice of Motion submitted in the Circuit or High Court: €60.

     

    Any supporting Affidavit submitted in the Circuit Court: €15.

    Any supporting Affidavit submitted in the High Court: €20.

    Appealing an Order of the Master or Deputy Master of the High Court

    As a claimant or a respondent, you can appeal (discharge) an order of the Master or Deputy Master of the High Court by appealing to a judge of the High Court. For further information on this process, and the payment of relevant court fees, please see the sections below. 

    To appeal an order of the Master or Deputy Master of the High Court, you must submit the following documents in the Central Office of the High Court in the Four Courts complex:

    Once you submit these documents, you will receive a return date to appear before a judge of the High Court. You must then serve both documents on the other party. For more information on serving and proof of service, please see our  Serving and Proof of Service page.

    Note: You have 6 days from when the Master or Deputy Master grants an application and the order is signed (perfected) by the Registrar to submit the above documents in the Central Office of the High Court. 

    If the Master or Deputy Master refuses an application, you have 6 days from the day in court when the refusal was made to submit the above documents in the Central Office of the High Court.

    For more information, please see Order 63 of the Superior Court Rules. 

    Appealing a High Court Decision

    As a claimant or a respondent, you can appeal a High Court decision to the Court of Appeal. For further information on this process, and the payment of relevant court fees, please see the sections below. 

    To appeal a High Court decision, once the decision (order) is signed (perfected) by the High Court Court Registrar, you have 28 days to complete a Notice of Appeal document and submit it in the Court of Appeal Office in the Four Courts Complex.

    When you submit this document you will be allocated a court date by the office. Then, you must serve a copy of the Notice of Appeal on the other party. For more information on serving and proof of service, please see our  Serving and Proof of Service page.

    Note: An appeal from the Circuit Court to the High Court cannot be subsequently appealed to the higher Court of Appeal.

    High Court and Court of Appeal Fees

    Original documents must be stamped with a court fee. You can pay the court fees at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex. You can pay these fees by card or cash.

    Notice of Motion: €60.
    Grounding Affidavit: €20.
    Notice of Appeal to the Court of Appeal: €250.