Step 4
Serve the Notice of Appeal
Once you have completed and signed and dated the Notice of Appeal, you must provide a copy to any other party directly affected. This is called serving. It means making them aware that you are appealing the Circuit Court order to the High Court.
I. Serving
If a party was represented in the Circuit Court by a solicitor, you can serve the Notice of Appeal on their solicitor by leaving a copy at their office. You can also send a copy to the solicitor by registered post.
If the party represented themselves, you must serve the Notice of Appeal directly on them by:
- Registered Post at their last known address or work address no later than 9 days after the date of the Circuit Court Order. You must keep the certificate of postage as you will need this later.
OR
- Personal Service by serving the documents personally or by using a summons server. This is a person who specialises in serving legal documents. There is a fee for this service so enquire beforehand.
II. Proof of service
After you have served the Notice of Appeal, you must provide proof of service to the court. You do this by swearing an Affidavit of Service or by completing an Indorsement of Service. If the Notice of Appeal was served by registered post, the certificate of postage must be provided along with your chosen option to prove service.
- Affidavit of Service: An Affidavit of Service is a sworn document verifying that the Notice of Appeal was served on a relevant party. The affidavit must be witnessed and signed by a commissioner for oaths or a solicitor (but not your own solicitor). There may be a charge for this service so make sure you ask in advance.
OR
- Indorsement of Service: Proving service can be also be done by writing the details of service on the rear of the Notice of Appeal. This is called an indorsement of service. The indorsement must state:
- Who served the document
- Whom the document was served on
- The address of service
- The method of service, for example, by registered post or by personal service
- The date of service
Lodge the documents in the court office
Once served, you must file the Notice of Appeal and proof of service in the relevant Court Office within ten days of the making of the Circuit Court Order. You will receive a record number and a court date from the court office. You must notify all other parties to the appeal of this court date.
Before the hearing of the appeal, you must also lodge an indexed book of appeal which contains copies of the pleadings and all other documents required for the hearing of the appeal. You must also give a copy of the book of appeal to all other parties affected by the appeal.
If you intend to bring new evidence to the Court, you must serve and file an affidavit that sets out the nature of the new evidence and the reasons why it was not submitted to the Circuit Court.