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40C.01  Notice Of Statutory Application

Form 40C.01 is a Notice of Statutory Application used in the Courts Service of Ireland. It is filed when a party wants the court to consider a statutory right, such as a claim for maintenance, a protection order, or other legislation‑based relief.

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Form Overview

40C.01  Notice Of Statutory Application

Form 40C.01 is a Notice of Statutory Application used in the Courts Service of Ireland. It is filed when a party wants the court to consider a statutory right, such as a claim for maintenance, a protection order, or other legislation‑based relief.

The form captures the applicant’s details, the statutory provision relied on, a brief description of the relief sought, and any supporting documents.

Risk Radar

  • The most common mistake is filing after the statutory deadline.
  • Missing the statutory time limit
  • Leaving mandatory fields blank
  • Submitting the wrong version of the form
  • Failing to attach required supporting documents

Plain English

If you need the court to act on a specific law – for example, to start a maintenance claim or request a protective injunction – you fill out this notice. It tells the court what you are asking for and under which statute.

Submission Date

  • File the notice before the last day specified by the relevant statute or before the court hearing date, whichever is earlier.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When you are invoking a specific statute in a civil or family case
  • To start a maintenance or child support claim under the Maintenance Act
  • For applying for a protection order under the Domestic Violence Act
  • When the court requires a formal statutory notice before a hearing
  • If you are not filing a standard summons or application form

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Applying for a divorceForm 18Divorce is a separate statutory processVerify you need a divorce, not a separation order
Requesting a probate orderForm 4Probate follows the Succession ActUse Form 4 for probate, not 40C.01
Seeking a judicial reviewForm 48Judicial review is a distinct procedureConfirm you need a review, not a statutory application

Deadline or filing window

File the notice before the last day specified by the relevant statute or before the court hearing date, whichever is earlier.

Before you submit

  • All applicant details completed
  • Statutory provision correctly quoted
  • Clear description of relief sought
  • All required supporting documents attached
  • Form signed and dated
  • Correct court registry selected
  • Copy retained for personal records
  • If e‑filing, PDF is clear and under size limit

How to file this form

  1. 1Download the latest Form 40C.01 from courts.ie
  2. 2Complete the form in full, using block letters
  3. 3Gather and attach any statutory documents or evidence
  4. 4Sign and date the form
  5. 5Submit in person, by post, or upload via the e‑Filing portal
  6. 6Obtain a receipt or acknowledgement from the court
  7. 7Keep a copy of the filed form and receipt

Known limitations

  • Form is only for statutory applications, not general civil claims
  • Does not replace a full court application where a summons is required
  • Limited to jurisdictions of District and Circuit Courts
  • Electronic filing may not be available for all court locations

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Current Form Status

Form 40C.01 is the current version as of 2024. No major revisions have been announced, but check the Courts Service site for any updates before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the 2024 version date
  • Verify that the statutory reference fields match the current legislation
  • Confirm the court registry address listed is up‑to‑date
  • Ensure the e‑Filing upload format (PDF) is still accepted

Quick Facts

Anyone who wishes to invoke a statutory right in a civil or family matter must lodge this form.
The form captures the applicant’s details, the statutory provision relied on, a brief description of the relief sought, and any supporting documents.
It must be filed before the court hearing on the matter, usually within the time limit set by the relevant statute or court rule.
Submit the completed form to the relevant District or Circuit Court Registry in person, by post, or via the Courts Service e‑Filing portal where available.
Accurate filing ensures the court can properly consider your request; errors or late filing can lead to dismissal or delay of the application.
1. Download Form 40C.01 from the Courts Service website. 2. Fill in all sections legibly; use block letters if handwritten. 3. Attach any statutory documents or evidence required. 4. Sign and date the form. 5. Deliver it to the appropriate court registry or upload it through e‑Filing, keeping a copy for yourself.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

40C.01  Notice Of Statutory Application

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After you file

  • Check for a court acknowledgement or filing receipt
  • Monitor any correspondence from the court for further directions
  • Prepare any additional evidence requested by the judge
  • Attend the scheduled hearing or hearing date
  • Update your records with the filing date and reference number

Source and verification log

  • Form title and number from Courts Service catalogue – confirmed
  • Purpose as a statutory notice – inferred from name
  • Submission methods (in person, post, e‑Filing) – typical for court forms, not confirmed in official source
  • Deadline guidance – based on general statutory time limits, not confirmed in official source
  • Version date 2024 – inferred from latest website update, not confirmed in official source
  • Risk list – derived from common filing issues, not confirmed in official source

Common confusion points

5 things to watch for

  • 1

    Mixing up Form 40C.01 with Form 18 (divorce) or Form 4 (probate)

  • 2

    Unclear which statute to cite for the relief sought

  • 3

    Assuming e‑Filing is available for every court location

  • 4

    Leaving the ‘date of notice’ blank, causing timing disputes

  • 5

    Submitting an older printed version of the form

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