How to Apply

Step 3
Serve the Notice of Appeal

Once you have completed, signed and dated the Notice of Appeal, you must provide a copy to any other party involved in the case. This is called serving. It means making them aware that you are appealing the order to the Circuit Court.

Serve the Notice of Appeal

You must serve a copy of the Notice of Appeal on the respondents or the solicitor that represented them in the original District Court case. You can do this by:

• Registered Post at their last known address or work address. 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.

Proof of service

After you have served the Notice of Appeal, you must provide proof of service to the court. You do this by filling out a Statutory Declaration of Service. This confirms that the Notice of Appeal was served on the respondent.

• If the documents were served by registered post (Form 41.01): If the documents are not returned undelivered to you by An Post, you can fill out a Declaration of Service (Form 41.01). The certificate of postage should be attached to the statutory declaration. This declaration must also be witnessed and signed by a Commissioner for Oaths, a solicitor (but not your own solicitor) or a Peace Commissioner.
• If the documents were served by personal service (Form 41.03): If the documents have been served by personal service, the person who served the documents must fill out a Declaration of Service (Form 41.03). This declaration must also be witnessed and signed by a Commissioner for Oaths, a solicitor (but not your own solicitor) or a Peace Commissioner.

Return documents to court office

You must file the original Notice of Appeal and Statutory Declaration of Service documents in the court office for the court area where the District Court order was made. You must do this within fourteen days of the District Court order being made.