APPEALS TO THE CIRCUIT COURT
Form of notice, time for service
1. (1) Every appeal to the Circuit Court from a decision of the District Court shall be by notice of appeal Form 101.1 or 101.2, Schedule D) which shall be served upon every party directly affected by the appeal within 14 days from the date on which the decision appealed from was given. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of 14 days.
(2) Notwithstanding sub-rule (1), every appeal to the Circuit Court under Article 21.1 of the EAPO Regulation (within the meaning of Order 52) against a decision of the Court rejecting the application in whole shall be by motion of appeal ex parte to the appropriate Circuit Court, to which shall be appended a copy of the original application for a Preservation Order, which shall be lodged within the time prescribed by Article 21.2 of the EAPO Regulation.
(3) Notwithstanding sub-rule (1), every appeal to the Circuit Court under Article 37 of the EAPO Regulation (within the meaning of Order 52) shall be in the form set out in Annex IX to the Implementing Regulation (within the meaning of Order 52) which shall be served upon every party directly affected by the appeal within 14 days from the date on which the decision appealed from was given. The notice of appeal shall be made to the appropriate Circuit Court to be held next after the said period of 14 days.
Lodgment of notice
2. The appellant shall, within the said period of 14 days, lodge the original of the notice of appeal, together with a statutory declaration as to service thereof, with the Clerk for the court area within which the case was heard.
Ex parte applications
Recognisance at discretion of court
4. Subject to the provisions of Order 12, rule 20, where a person is desirous of appealing in criminal proceedings or in a case of an order for committal to prison under the Enforcement of Court Orders Acts, 1926 and 1940, a recognisance for the purpose of appeal shall be fixed by the court. The amount (if any) of the recognisance in which the appellant and the surety or sureties, if any, are to be bound shall be fixed by the court and where an amount is so fixed, it shall be of such reasonable amount as the court shall see fit. An application to the court to fix the amount of a recognisance may be made ex parte. A sum of money equivalent to the amount (if any) conditioned by the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with the Form 18.4, Schedule B, and shall be entered into within the 14 day period fixed by rule 1 of this Order.
Stay of execution in civil cases, etc.
5. Except in cases of appeals from orders committing to prison under the Enforcement of Court Orders Acts, 1926 and 1940, or unless otherwise provided, an appeal shall not operate as a stay of execution in civil proceedings or in summary proceedings of a civil nature unless the court shall so order and then only upon such terms as the court may fix. Where the court grants a stay of execution under this rule, the appellant shall enter into a recognisance within the said period of 14 days. The court shall fix the amount of the recognisance in which the appellant and the surety or sureties, if any, are to be bound in such reasonable amount as the court shall see fit. A sum of money equivalent to the amount of the recognisance may be accepted in lieu of a surety or sureties. The recognisance shall be in accordance with Form 101.3.
Stay of execution in criminal cases, etc.
6. On the entering into of a recognisance in accordance with rule 4 of this Order, execution of the order appealed against shall be stayed and the appellant, if in custody, shall be released. In any case where a monetary penalty has been imposed on the appellant, or the appellant has been required to perform a condition, the court may, not later than six months from the expiration of the time allowed by the order for payment of the penalty, or for performance of the condition, issue the warrant of committal in default of such payment, or in default of such performance, as the case may be, unless the appellant shall have entered into a recognisance.
Where party is in custody
7. A party desiring to appeal, if in custody, shall be supplied with the necessary forms by the Governor of the prison or other place of detention or the Superintendent or Inspector of the Garda Síochána in whose custody that party is. When completed, such forms shall be transmitted forthwith by such Governor, Superintendent or Inspector, as the case may be, to the Clerk and the notice of appeal to be served upon the opposing party shall be served by a member of the Garda Síochána, who shall make the statutory declaration required by this Order, and such declaration shall be lodged with the Clerk.
Service upon solicitor
8. Whenever the party to be served with a notice of appeal has appeared by a solicitor at the hearing, all notices and other documents to be served upon such party may be served upon the solicitor by whom such party so appeared, and such service may be effected by leaving the documents at the office of such solicitor.
Mode of service
9. The mode of effecting service of any notice of appeal upon a party who shall not have appeared by a solicitor as aforesaid, shall be by serving it personally upon such party, or by leaving it at the residence, office, or place of business of such party, with a Clerk, servant, wife, husband, child or other person therein over the age of 16 years or by posting it in a registered envelope addressed to such party at his or her last known residence, office or place of business, and proof of such service shall be by statutory declaration which, when made, shall be lodged with the Clerk.
Lodgment of documents
10. Where, under this Order, any document is required or authorised to be lodged with the Clerk, or any notice is required or authorised to be given to the Clerk, the same may be lodged or given by leaving the document or notice with the Clerk or by forwarding the same by prepaid post to the Clerk and, in such latter case, the date of lodgment or receipt shall be the day of the actual receipt of the document or notice by the Clerk.
Warrant not to issue pending appeal — if issued to be returned
11. In criminal cases and in cases of orders for committal to prison under the Enforcement of Court Orders Acts, 1926 and 1940, where an appeal is lodged and the recognisance is entered into, and the warrant to execute the order has not been issued, such warrant shall not be issued until the appeal has been decided or the appellant has failed to perform the condition of the recognisance, as the case may be. If the warrant has been issued, the Clerk shall forthwith notify the Superintendent of the Garda Síochána that an appeal has been lodged and a recognisance entered into, and such Superintendent shall return the warrant, if not executed, to such Clerk for cancellation by the court.
Clerk to send certificate to County Registrar
12. In every appeal, other than an appeal in a civil case, the Clerk shall sign and transmit to the County Registrar, together with the documents specified in Order 43, rule 1 of the Rules of the Circuit Court, 1950 (SI No 179 of 1950), a certificate which shall be in accordance with Form 101.8, Schedule D.
Execution of orders after appeal
13. When Form 101.7, referred to in rule 12, is returned with the County Registrar’s certificate duly completed thereon, and if the Circuit Judge has not caused the necessary warrant to enforce the order to be issued, the Clerk shall forthwith prepare and the Judge of the District Court shall issue the necessary warrant or warrants and take all further steps required for the execution of the conviction or order as confirmed or varied and for the enforcement of payment of any costs, compensation or expenses awarded by the Circuit Judge. In criminal cases the Superintendent of the Garda Síochána shall inform the Clerk of any case in which the Circuit Judge has not caused the necessary warrant to be issued.