Official form guide
Form 44.02 Notice Of Motion To Vary Or Discharge An Order
This form (44.02) is a Notice of Motion used within the Courts Service of Ireland system. You use it when you need the Court to change an existing order or remove/cancel an existing order entirely.
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Form Overview
Courts Service of Ireland - Form 44.02 Notice Of Motion To Vary Or Discharge An Order
This form (44.02) is a Notice of Motion used within the Courts Service of Ireland system. You use it when you need the Court to change an existing order or remove/cancel an existing order entirely.
Risk Radar
Scan points- 1Failing to clearly identify the *specific* order you want changed is the most common error.
- 2Not clearly stating whether you are varying or discharging the order.
- 3Missing the reference number of the original court order.
- 4Filing it in the wrong Court office location.
- 5Not attaching necessary supporting documents (if required by the judge).
Plain English
Think of this as asking the Judge for a formal change request regarding a previous court decision. If a ruling isn't quite right, or if a temporary order is no longer needed, this form lets you formally ask the Court to adjust it.
Submission Date
- Filing date: While there isn't one universal deadline, filing should happen as soon as you realize the existing order requires adjustment. Check your case schedule for specific timing requirements.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- You need the Court to change an order that is already in place.
- You want the Court to completely cancel or remove an existing order.
- The specific details of what needs changing are clearly outlined in your case file.
- This form initiates the request; it does not automatically grant the change.
Form selector
Use this form or another form?
Need a new order entirely
Use this if you aren't modifying an existing ruling.
✓ Check the specific court rules for your case type.
Not confirmed in official source (but likely another Motion Form)
Requesting something small/simple change
If the requested change is minor, check if a simpler motion suffices.
✓ See which specific procedure guides apply to your jurisdiction.
Might be a simpler application form
Discharging a party from a case
Use this when you want someone officially removed from the proceedings.
✓ Ensure the order relates directly to that person's involvement.
Not confirmed in official source (but likely another Motion Form)
Deadline or filing window
While there isn't one universal deadline, filing should happen as soon as you realize the existing order requires adjustment. Check your case schedule for specific timing requirements.
Before you submit
- 1Ensure you have clearly stated *what* order needs varying or discharging.
- 2Clearly state *why* you are asking for this change (the grounds).
- 3Verify the case number and court details match your file exactly.
- 4Sign and date the form where indicated.
- 5Attach supporting documents that prove why the change is necessary.
How to file this form
- 1Complete all sections of Form 44.02 thoroughly.
- 2Gather all relevant evidence or documentation to support your request.
- 3File the completed form with the appropriate Courts Service office (or upload via the designated portal).
- 4Pay any required filing fees, if applicable.
- 5Keep a copy for your own records.
Known limitations
- 1This form alone does not mean the Court will agree to the change; it starts the process.
- 2The specific court rules governing your case dictate *how* this motion must be heard.
- 3Not confirmed in official source: Whether you can vary an order made by a District Court vs. High Court is not specified here.
- 4If the original order was very complex, additional detailed affidavits may be required.
Field map
Compact field-by-field guide
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->This is the standard Notice Of Motion (Form 44.02) used within the Courts Service of Ireland. It remains a key document for requesting changes to existing court rulings.
What changed or needs a fresh check
- Check the date printed on the form for the latest revision.
- Verify if there are any new boxes or sections added compared to older versions.
- Confirm whether the required court stamp/seal area has changed location.
- Review instructions regarding electronic submission versus paper filing.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCIssued by: Courts Service of Ireland (COURTS)
- SRCForm Number: 44.02
- SRCPurpose: Notice Of Motion To Vary Or Discharge An Order
- SRCContext: Used within the Irish judicial system.
- SRCNot confirmed in official source: Specific fee schedule for this form.
Common confusion points
Confusing 'Vary' vs. 'Discharge': Vary means change the terms; Discharge means remove it entirely (or remove a party from it).
Thinking filing is enough: Filing puts it on record, but you must wait for a hearing to resolve it.
Not including grounds: Simply stating 'We want this changed' without explaining why is often insufficient.
Submitting the wrong form: Using this motion when a simple application or plea would suffice.
Source transparency
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