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.
Need help? AI Editor guides you through every field of 44.02 Notice Of Motion To Vary Or Discharge An Order.
Start filling →Form Overview
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
- Failing to clearly identify the *specific* order you want changed is the most common error.
- Not clearly stating whether you are varying or discharging the order.
- Missing the reference number of the original court order.
- Filing it in the wrong Court office location.
- Not 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Need a new order entirely | Not confirmed in official source (but likely another Motion Form) | Use this if you aren't modifying an existing ruling. | Check the specific court rules for your case type. |
| Requesting something small/simple change | Might be a simpler application form | If the requested change is minor, check if a simpler motion suffices. | See which specific procedure guides apply to your jurisdiction. |
| Discharging a party from a case | Not confirmed in official source (but likely another Motion Form) | Use this when you want someone officially removed from the proceedings. | Ensure the order relates directly to that person's involvement. |
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
- • Ensure you have clearly stated *what* order needs varying or discharging.
- • Clearly state *why* you are asking for this change (the grounds).
- • Verify the case number and court details match your file exactly.
- • Sign and date the form where indicated.
- • Attach 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
- • This form alone does not mean the Court will agree to the change; it starts the process.
- • The specific court rules governing your case dictate *how* this motion must be heard.
- • Not confirmed in official source: Whether you can vary an order made by a District Court vs. High Court is not specified here.
- • If the original order was very complex, additional detailed affidavits may be required.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
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.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
44.02 Notice Of Motion To Vary Or Discharge An Order
AI-powered guidance for every field
✦ Open in AI EditorFree to start · No account required
After you file
- • Note down the date and time of filing.
- • Check the court diary or case management system for hearing dates.
- • Be prepared to attend a hearing where this motion will be argued.
- • Follow up with the relevant Court office if you do not receive confirmation within a set timeframe.
Source and verification log
- • Issued by: Courts Service of Ireland (COURTS)
- • Form Number: 44.02
- • Purpose: Notice Of Motion To Vary Or Discharge An Order
- • Context: Used within the Irish judicial system.
- • Not confirmed in official source: Specific fee schedule for this form.
Common confusion points
4 things to watch for
- 1
Confusing 'Vary' vs. 'Discharge': Vary means change the terms; Discharge means remove it entirely (or remove a party from it).
- 2
Thinking filing is enough: Filing puts it on record, but you must wait for a hearing to resolve it.
- 3
Not including grounds: Simply stating 'We want this changed' without explaining why is often insufficient.
- 4
Submitting the wrong form: Using this motion when a simple application or plea would suffice.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.