Form 38A - Notice of appeal - Local Elections (Petitions and Disqualifications) Act, 1974
This form is a Notice of appeal related to local elections in Ireland. It specifically relates to matters covered by the Local Elections (Petitions and Disqualifications) Act, 1974. Use it when appealing decisions concerning election petitions or candidate disqualifications.
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Form 38A - Notice of appeal - Local Elections (Petitions and Disqualifications) Act, 1974
This form is a Notice of appeal related to local elections in Ireland. It specifically relates to matters covered by the Local Elections (Petitions and Disqualifications) Act, 1974. Use it when appealing decisions concerning election petitions or candidate disqualifications.
Risk Radar
- Ensure you are appealing the correct decision under the specified 1974 Act.
- Failing to specify the correct grounds for appeal.
- Missing the statutory filing deadline.
- Submitting the notice to the wrong court or department.
- Incomplete details regarding the original election petition.
Plain English
If you are involved in a local election process and disagree with an outcome regarding a petition or a disqualification, this form allows you to formally appeal that decision. It initiates the legal review of the original electoral matter. This is a procedural step within Irish election law.
Submission Date
- The deadline is strictly governed by the Local Elections (Petitions and Disqualifications) Act, 1974. Check the specific court rules for precise timing windows.
- 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 are appealing a decision made during local elections.
- • * The appeal relates to an election petition or candidate disqualification.
- • * The matter falls under the Local Elections (Petitions and Disqualifications) Act, 1974.
- • * Use this form only if you have received a formal ruling you wish to challenge.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Appealing tax matters | Form TA-XXX (example) | This relates to Revenue Online Service issues. | Ensure the appeal is about local election law, not finance. |
| General court appearance notice | Various forms | These are for general civil or criminal proceedings. | The 38A form is specific only to local election disputes. |
| Voter registration issue | Local Authority Form XYZ | This addresses eligibility to vote. | Use this form when appealing a decision about the election outcome itself. |
Deadline or filing window
The deadline is strictly governed by the Local Elections (Petitions and Disqualifications) Act, 1974. Check the specific court rules for precise timing windows.
Before you submit
- • Verify the deadline for submission; appeals must be filed within strict time limits.
- • Include copies of all decisions or rulings you are appealing against.
- • Complete all sections using black ink and legible handwriting or typewritten text.
- • Ensure the appeal fee, if applicable, is paid with the form.
- • Retain a fully signed copy of the submitted package for your records.
How to file this form
- 1Review the specific rules governing appeals in local elections.
- 2Fill out Form 38A completely, referencing the original election details and decision date.
- 3Gather all supporting documents (e.g., Notice of Election, ruling).
- 4Submit the package to the designated court or administrative body as required by law.
- 5Keep proof of submission (e.g., stamped copy or tracking number).
Known limitations
- • This form does not provide legal advice regarding your case.
- • The appeal must strictly adhere to the grounds and procedures set out in the 1974 Act.
- • Failure to meet filing deadlines may result in rejection of the notice.
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This notice relates to specific election law from 1974 and should be reviewed for any mandatory updates regarding court filing procedures.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the date and year listed on the top of the form.
- • Check if the relevant local authority or court details are current.
- • Confirm that the specific section you need to appeal is clearly referenced in the accompanying documentation.
- • Ensure all required supporting documents (e.g., original petition) are included.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Superior Courts Forms
- Source
- Court Forms ↗
- Revision Date
- 19/02/26
Downloads
Form 38A - Notice of appeal - Local Elections (Petitions and Disqualifications) Act, 1974
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After you file
- • Track confirmation that the court has accepted the Notice of Appeal.
- • Be prepared for potential further hearings or documentation requests from the courts.
- • Monitor official communications regarding the appeal case number.
- • Do not assume the filing guarantees a favorable outcome.
Related Forms
- ›Form 101.3 – Recognisance (Appeal In Civil Cases)
- ›Form 101.7 – Recognisance (Appeal In Civil Cases)
- ›14.1 Certificate To The High Court-Criminal Procedure Act, 1967 Section 4J(2)
- ›Form 18.4 – Bail Recognisance (On Appeal)
- ›65.9 Order For Further Detention Of Boat Pending Determination Of Proceedings (Including Appeals) - Fisheries (Consolidation) Act, 1959 (As Amended)
Source and verification log
- • Form relates to local election law (Local Elections Act, 1974).
- • Issued by Courts Service of Ireland (COURTS).
- • Purpose: Notice of appeal regarding petitions/disqualifications.
- • Not confirmed in official source: Specific filing court location.
Common confusion points
4 things to watch for
- 1
Mistaking an initial objection for a formal notice of appeal.
- 2
Filing the form without attaching the original decision being challenged.
- 3
Assuming the courts can rule on matters outside the 1974 Act's scope.
- 4
Using this form when only a simple clarification or amendment is needed.
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