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43.02  Notice Of Motion For Direction Under Civil Liability Act 1961, Section 63(1)

This form (43.02) is a formal Notice of Motion filed with the Courts Service of Ireland. It specifically relates to seeking a Direction under Section 63(1) of the Civil Liability Act 1961. You use this when you need the court's guidance on a civil liability matter.

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Form Overview

43.02  Notice Of Motion For Direction Under Civil Liability Act 1961, Section 63(1)

This form (43.02) is a formal Notice of Motion filed with the Courts Service of Ireland. It specifically relates to seeking a Direction under Section 63(1) of the Civil Liability Act 1961. You use this when you need the court's guidance on a civil liability matter.

The form captures details about your case, identifies the specific issue needing resolution, and states precisely what direction you are asking the court to grant under the Act.

Risk Radar

  • Do not forget to specify *which* section of the Civil Liability Act 1961 you are relying on!
  • Failing to cite Section 63(1) of the Civil Liability Act 1961 correctly.
  • Not clearly stating what 'direction' you want the court to give.
  • Submitting it to the wrong local Irish Court office.
  • Inaccurate details regarding the underlying civil liability case.

Plain English

Think of this as asking the judge for specific instructions in your case. Instead of just arguing, you are formally requesting the Court to tell everyone what should happen next regarding a civil liability claim. This notice sets out exactly what direction you want the court to give.

Submission Date

  • While no specific deadline is listed here, filing must occur when the need for a direction arises. Check your case timeline to ensure timely submission.
  • 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

  • You need guidance from the court regarding a civil liability claim.
  • Use this when you specifically require a Direction under Section 63(1) of the Civil Liability Act 1961.
  • This is for matters where standard procedure isn't enough, and you need a formal court ruling on how to proceed.
  • Do not use this if you are just starting a general civil claim without needing specific direction.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Starting a new lawsuitGeneral Summons or Originating DocumentIf you don't need a specific Section 63(1) Direction yet.Check if your case requires immediate court guidance.
Appealing an existing decisionAppeal Form (Specific to the court/matter)If you are challenging a ruling already made by the judge.Ensure the appeal grounds fit the Civil Liability Act context.
Simple procedural requestVarious Motions FormsFor minor requests that don't require a full Section 63(1) Direction.Verify if your need is small or substantial enough for this form.

Deadline or filing window

While no specific deadline is listed here, filing must occur when the need for a direction arises. Check your case timeline to ensure timely submission.

Before you submit

  • Fill out every required field completely; do not leave blanks unless noted.
  • Ensure the case name(s) and parties are written exactly as they appear in the court file.
  • Clearly state *why* you need a Direction under Section 63(1).
  • Attach supporting documents that justify your request (e.g., evidence of liability issues).
  • Sign and date the form where indicated by the Courts Service.
  • Confirm the correct court office/registry location for filing.

How to file this form

  1. 1Complete all sections of Form 43.02 accurately.
  2. 2Gather necessary supporting evidence related to the civil liability issue.
  3. 3Sign and date the Notice of Motion.
  4. 4Submit the form and attachments to the relevant Courts Service office (or via the specified online portal).
  5. 5Pay any required filing fee at the time of submission.
  6. 6Keep a copy of the fully completed and stamped/received form for your records.

Known limitations

  • This form itself does not guarantee the court will grant the Direction; it only requests it.
  • The specific Civil Liability Act 1961 provisions referenced might have related amendments not detailed on this single form.
  • Not confirmed in official source: The exact required supporting documents are not listed on the form alone.

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Current Form Status

This is the official Courts Service of Ireland document for seeking a court direction under the Civil Liability Act 1961. It remains the primary form for this specific statutory request.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the header date to confirm the current year's version.
  • Verify the specific court jurisdiction listed on the form matches where you are filing in Ireland.
  • Ensure all sections relating to Section 63(1) requirements are present and correctly labelled.
  • Confirm if any recent amendments regarding documentation attached (e.g., witness statements) have been added.

Quick Facts

A party involved in a civil liability case must complete and submit this form. This is usually one of the plaintiff or defendant parties.
The form captures details about your case, identifies the specific issue needing resolution, and states precisely what direction you are asking the court to grant under the Act.
You submit this when a situation arises in a civil liability matter that requires judicial clarity. The timing depends on the progress of your existing legal proceedings.
This form is submitted to the relevant Irish Court, likely via the Courts Service's online portal or by posting it directly to the court office.
Submitting this correctly ensures the court knows exactly what you want. Errors can cause delays while the court seeks clarification from you.
First, fill in all case details accurately. Next, clearly state your request for direction under Section 63(1). Finally, sign and date the form before submitting it to the appropriate Irish court.

Form Details

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

43.02  Notice Of Motion For Direction Under Civil Liability Act 1961, Section 63(1)

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After you file

  • Obtain a stamped copy or confirmation number from the Courts Service upon filing.
  • Track the case progress through the relevant court system (e.g., via the Courts Service online tracking).
  • Be prepared to attend a hearing date set by the court to argue your motion.
  • Monitor for any formal notification regarding the granting or refusal of the Direction.

Source and verification log

  • Form Number: 43.02
  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Legal Basis: Civil Liability Act 1961, Section 63(1)
  • Purpose: Notice Of Motion For Direction
  • Not confirmed in official source: Specific fee schedule for this form.

Common confusion points

4 things to watch for

  • 1

    Confusing this form with a general 'Notice of Claim' when you actually need the court to tell you *how* to proceed.

  • 2

    Not clearly articulating the specific issue that Section 63(1) needs to resolve.

  • 3

    Filing it in the wrong court jurisdiction (e.g., filing in Dublin Circuit Court when the matter belongs in a local District Court).

  • 4

    Forgetting to attach evidence proving the existence of the civil liability dispute.

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