Prepare for court (Court of Appeal Civil)

Lodging a Notice of Appeal

Appeals from decisions of the High Court in civil cases must be brought within 28 days of the perfection (signing by the court registrar) of the order to be appealed.

Restrictions on Appeals

Sometimes there is a restriction on the right to appeal. For example, the High Court may need to give leave to appeal before the Court of Appeal can deal with the case. Common examples include European Arrest Warrant cases and certain types of planning cases.

Filing Outside the 28-Day Limit

You can lodge a notice of appeal outside the 28-day limit if the respondent (the party on the other side) provides a letter consenting to the late filing. If they do not consent, you can apply to the Court of Appeal by way of notice of motion for an extension of time.

Stamp Duty

You must pay court stamp duty on documents associated with an appeal unless they are exempt. The main exemptions include:

• Extradition
• Family law
• Civil cases arising out of criminal proceedings (e.g., bail, judicial review)
• Bankruptcy
• Asylum

Limits on Further Appeal

An order made in proceedings on appeal from the Circuit Court to the High Court cannot be appealed to the Court of Appeal.

Notice of Appeal Form Requirements

The notice of appeal form is outlined in the court rules. If a section is not relevant, do not delete it — write N/A instead. You must provide the following:

• Title of the case as on the High Court order
• Decision you want to appeal (e.g., “Order of the High Court dated …”)
• Grounds of appeal (reasons for the appeal)
• The order you want the Court of Appeal to make
• Documents you will rely on
• Contact details for you and the respondent (including email and phone)

Judgments and Transcripts

If the High Court issued a written judgment, you must lodge a copy. If not, you may need to request a transcript. The court office will advise you on how to do this.

Submitting the Appeal

You must sign and date the notice of appeal form. A court stamp duty of €250.00 applies unless exempt. Submit your notice and at least two copies to:

Court of Appeal Civil Office
Áras Uí Dhálaigh, Inns Quay, Dublin 7

You will also need an attested copy of the High Court order. Request this from the High Court Central Office. A fee of €15.00 applies.

Note: You can send the notice of appeal by post, but not by email.

After Lodgment

The court office will check your notice to ensure compliance with the rules. If in order, the appeal will be given a ‘directions’ date (typically 6–8 weeks later). This is when directions will be given for written legal submissions, books of appeal and the allocation of a hearing date.

The office will return date-stamped copies of your notice. You must:

• Serve a copy on the respondent within 7 days
• Keep a copy for yourself

Respondent’s Notice

The respondent has 21 days to lodge and serve a Respondent’s Notice outlining the grounds of opposition to the appeal.

Special Cases

• Commercial Court Appeals: These will be listed for the first Directions List after lodgement. Directions will include a timeline for the Respondent’s Notice.
• Civil Appeals with Custody?criminal Elements: Civil Appeals with Custody/Criminal Elements: (e.g., extradition, bail, habeas corpus, judicial review in criminal proceedings) will be listed on the earliest available Friday in the Criminal Courts of Justice for case management.

Before the Appeal Hearing

You must lodge books of appeal no later than four weeks before the hearing date in accordance with Practice Direction CA 06.

Before submitting them, both sides should agree on the index (the list of contents) for the books of appeal.
The Respondent must give the Appellant a list of legal cases and materials (called authorities) no later than eight weeks before the hearing.

The Court of Appeal Office will not accept the books of appeal unless they include the books of authorities.

Callover Before the Hearing

The Court holds a Callover five to seven before the hearing of an appeal to ensure that:

• Directions in respect of submissions and any other directions have been complied with
• Books of appeal have been lodged
• The appeal is ready to proceed on the hearing date

Applications to the Court of Appeal

A motion is the procedure used to bring an application in the Court of Appeal in advance of the appeal hearing date. The most common types of motion include:

• An extension of time to lodge a notice of appeal
• A stay on a High Court order (to suspend its operation until the appeal has been heard)
• An application to adduce further evidence

How to Bring a Motion

To bring a motion, you must complete both of the following:

• A notice of motion
• A grounding affidavit (an affidavit supporting your application)

The respondent may file and serve a replying affidavit in response to your affidavit.

You must lodge a book containing the following documents (called a motion book) in the Office of the Court of Appeal on the Tuesday before the Motion hearing:

• The order of the High Court that you are appealing
• The judgment of the High Court (if available)
• The notice of appeal
• The respondent's notice(s) - if the notice(s) are not available, the office will include them when they become available.
• The notice of motion
• The grounding affidavit
• Any replying affidavit
• Exhibits to the affidavits
• Any relevant pleadings from the High Court

Stamp Duty Fees

You must pay the following court stamp duties:

• €60.00 on the notice of motion
• €20.00 on your affidavit

Extension of Time Applications

If your motion is for an extension of time to lodge a notice of appeal, you must also lodge:

• A copy of your intended notice of appeal
• An attested copy of the High Court order you wish to appeal

You do not have to pay the €250.00 stamp duty on the intended notice of appeal at this stage. However, if your application is successful, you will be required to pay the fee when lodging the original notice of appeal.

Preparing for the Directions Hearing

You must lodge a book containing the following documents (called a directions book) in the Office of the Court of Appeal on the Friday before the directions hearing:

• The order of the High Court that you are appealing
• The judgment of the High Court (if available)
• The notice of appeal
• The respondent's notice(s) - if the notice(s) are not available, the office will include them when they become available.

Check the Legal Diary to find out your number in the Directions List.