Official form guide
Form 40D.01 is the Notice of Appeal to the District Court. It is used when a party wants to challenge a decision made by a lower court or tribunal and asks the District Court to hear the appeal.
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Form Overview
Form 40D.01 is the Notice of Appeal to the District Court. It is used when a party wants to challenge a decision made by a lower court or tribunal and asks the District Court to hear the appeal.
Plain English
If you disagree with a judgment from a lower court, you fill out this paper to tell the District Court you’re appealing. It sets out the basics of your case and why you think the decision should be overturned.
Submission Date
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Appeal to Circuit Court
Different jurisdiction
✓ Verify the court level first
Request for reconsideration of a magistrate's decision
Not an appeal
✓ Use only for reconsideration requests
Appeal of a small claims decision
Same form, extra annex
✓ Attach the annex correctly
Form 40D.01 (with small claims annex)
The notice must be lodged within the appeal period specified in the original decision – usually 14 days, but some decisions allow up to 28 days.
Field map
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 40D.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.
Quick Facts
Form Details
Downloads & source
Mixing up the appeal deadline for District vs Circuit Court.
Using Form 40D.02 instead of 40D.01.
Leaving the ‘grounds of appeal’ section vague or incomplete.
Failing to attach the decision notice being appealed.
Submitting the form to the wrong court office.
Not paying the filing fee or forgetting the exemption certificate.
Signing the form with a nickname instead of full legal name.
Assuming an online submission is automatically accepted without a receipt.
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