IECOURTSSuperior Courts Forms

Official form guide

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 Overview

Courts Service of Ireland - 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.

The form captures details about the original election dispute and the specific decision being appealed. It requires identifying the grounds for the appeal under the relevant Act.

Risk Radar

Scan points
  • 1Ensure you are appealing the correct decision under the specified 1974 Act.
  • 2Failing to specify the correct grounds for appeal.
  • 3Missing the statutory filing deadline.
  • 4Submitting the notice to the wrong court or department.
  • 5Incomplete 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

  • Filing 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.

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Glossary Terms

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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.

Form selector

Use this form or another form?

Appealing tax matters

This relates to Revenue Online Service issues.

✓ Ensure the appeal is about local election law, not finance.

Form TA-XXX (example)

General court appearance notice

These are for general civil or criminal proceedings.

✓ The 38A form is specific only to local election disputes.

Various forms

Voter registration issue

This addresses eligibility to vote.

✓ Use this form when appealing a decision about the election outcome itself.

Local Authority Form XYZ

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

  1. 1Verify the deadline for submission; appeals must be filed within strict time limits.
  2. 2Include copies of all decisions or rulings you are appealing against.
  3. 3Complete all sections using black ink and legible handwriting or typewritten text.
  4. 4Ensure the appeal fee, if applicable, is paid with the form.
  5. 5Retain a fully signed copy of the submitted package for your records.

How to file this form

  1. 1Review the specific rules governing appeals in local elections.
  2. 2Fill out Form 38A completely, referencing the original election details and decision date.
  3. 3Gather all supporting documents (e.g., Notice of Election, ruling).
  4. 4Submit the package to the designated court or administrative body as required by law.
  5. 5Keep proof of submission (e.g., stamped copy or tracking number).

Known limitations

  1. 1This form does not provide legal advice regarding your case.
  2. 2The appeal must strictly adhere to the grounds and procedures set out in the 1974 Act.
  3. 3Failure to meet filing deadlines may result in rejection of the notice.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This notice relates to specific election law from 1974 and should be reviewed for any mandatory updates regarding court filing procedures.

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

The person who wishes to challenge or appeal an election result or ruling must file this notice. The role typically belongs to candidates, electors, or concerned parties involved in local elections.
The form captures details about the original election dispute and the specific decision being appealed. It requires identifying the grounds for the appeal under the relevant Act.
This form must be submitted within strict timeframes following the initial ruling or determination of the election matter. Missing the deadline is critical.
The Courts Service of Ireland governs this process. Submission details are not confirmed in official source, but it relates to court filing procedures.
Submitting an appeal correctly starts a formal legal challenge. Errors can lead to the appeal being dismissed or delayed indefinitely.
Carefully read the Act cited on the form to understand your grounds for appeal. Complete all sections with accurate election and party details. Submit the notice according to the specific court rules for local elections.

Form Details

Revision date
19/02/26

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Sources

  • SRCForm relates to local election law (Local Elections Act, 1974).
  • SRCIssued by Courts Service of Ireland (COURTS).
  • SRCPurpose: Notice of appeal regarding petitions/disqualifications.
  • SRCNot confirmed in official source: Specific filing court location.

Common confusion points

Mistaking an initial objection for a formal notice of appeal.

Filing the form without attaching the original decision being challenged.

Assuming the courts can rule on matters outside the 1974 Act's scope.

Using this form when only a simple clarification or amendment is needed.

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