IECOURTSCircuit Court Forms

Official form guide

Form 38D - Notice Of Withdrawal Of Election Civil Bill - Local Elections (Petitions And Disqualifications) Act, 1974

This form is a Notice Of Withdrawal of an Election Civil Bill. It relates specifically to matters concerning local elections under the Local Elections (Petitions And Disqualifications) Act, 1974. Use it when you need to formally withdraw a previously filed election civil bill.

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Form Overview

Courts Service of Ireland - Form 38D - Notice Of Withdrawal Of Election Civil Bill - Local Elections (Petitions And Disqualifications) Act, 1974

This form is a Notice Of Withdrawal of an Election Civil Bill. It relates specifically to matters concerning local elections under the Local Elections (Petitions And Disqualifications) Act, 1974. Use it when you need to formally withdraw a previously filed election civil bill.

This form captures details identifying the original bill, the parties involved, and a declaration of withdrawal. It formally notifies the court that the action is being withdrawn.

Risk Radar

Scan points
  • 1Ensure the case number and title match the original Election Civil Bill exactly.
  • 2Using an incorrect form number (e.g., 38D instead of another notice).
  • 3Failing to include the original case file reference numbers.
  • 4Not having all necessary parties sign off on the withdrawal.
  • 5Submitting the notice after a court has set a final hearing date.

Plain English

If you have started legal proceedings related to a local election matter, this form allows you to officially pull those charges back. It signals to the Courts Service that your case is no longer proceeding as planned. This process helps close out specific electoral disputes.

Submission Date

  • Filing date: The timing for withdrawal is dictated by the specific legal agreement or court directive; check with the courts regarding any mandatory timelines.
  • 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 must formally withdraw a previously filed Election Civil Bill.
  • * The withdrawal is specifically related to local elections.
  • * It falls under the provisions of the Local Elections (Petitions And Disqualifications) Act, 1974.
  • * Use this form only when you need to retract your claim or petition.

Form selector

Use this form or another form?

Need to file an original election bill

This form is for withdrawal only.

✓ Confirm the specific legal action required.

Not applicable

Disputing a general civil matter

Form 38D is restricted to local election disputes.

✓ Do not use this form if your dispute is outside local elections.

Other court forms (e.g., Civil Bill)

Filing an initial petition

This form only handles the withdrawal process.

✓ Consult legal advice for starting a new case.

N/A (Different form)

Handling disqualifications under different Acts

The Act cited in Form 38D must be verified against your specific matter.

✓ Verify the correct legislation governing your dispute.

Other specialized forms

Deadline or filing window

The timing for withdrawal is dictated by the specific legal agreement or court directive; check with the courts regarding any mandatory timelines.

Before you submit

  1. 1Verify that you have fully read and understood the implications of withdrawing your claim.
  2. 2Include a copy of the original Election Civil Bill being withdrawn.
  3. 3Confirm the correct court jurisdiction for filing (local courts).
  4. 4Check if any specific supporting documentation is required by local rules.
  5. 5Ensure all signatures are originals or certified copies as required by law.

How to file this form

  1. 1Complete all sections of Form 38D accurately, detailing the withdrawal.
  2. 2Attach necessary identification and supporting documents (e.g., original Bill).
  3. 3Submit the form to the appropriate Courts Service office handling local election matters.
  4. 4Pay any required filing fees or court charges at the time of submission.

Known limitations

  1. 1This form only facilitates withdrawal; it does not resolve the underlying dispute.
  2. 2The process is governed strictly by the Local Elections (Petitions And Disqualifications) Act, 1974.
  3. 3Not confirmed in official source: Specific time limits for withdrawal are determined by court rules.
  4. 4Not confirmed in official source: The form cannot be used if a final judgment has already been entered.

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 specific form relates to historical local election procedures under the Act of 1974. Users should check with the Courts Service of Ireland for current procedural requirements regarding electoral notices.

What changed or needs a fresh check

  • Confirm the current date and year of the form version.
  • Verify if any procedural changes have been made to the filing location or required supporting documents.
  • Check for updated fee structures or payment methods required by the Courts Service.
  • Ensure all named parties (petitioner, respondent) are correctly listed according to the Act's requirements.

Quick Facts

The person who filed the original Election Civil Bill must submit this notice. The filer needs to be a party involved in the local election dispute.
This form captures details identifying the original bill, the parties involved, and a declaration of withdrawal. It formally notifies the court that the action is being withdrawn.
Submit this when all parties agree to drop the civil bill related to the local elections. There are no universal deadlines; timing depends on the specific court order or agreement.
Submission must be made to the Courts Service of Ireland (COURTS). Check the official courts website for accepted submission methods, which may include physical posting or a designated online portal.
Filing this notice correctly is necessary to formally end legal proceedings. Failure to withdraw properly might leave the case open and subject to further court action.
Complete all sections accurately using details from the original bill filing. Ensure you attach any required supporting documentation, such as consent forms or previous court orders. Submit the form via the method specified by the Courts Service.

Form Details

Revision date
19/02/26

Downloads & source

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Sources

  • SRCAgency: Courts Service of Ireland (COURTS)
  • SRCForm Number: Form 38D
  • SRCAct Reference: Local Elections (Petitions And Disqualifications) Act, 1974
  • SRCPurpose: Notice Of Withdrawal Of Election Civil Bill

Common confusion points

Mistaking 'withdrawal' for 'dismissal'—the form only initiates the retraction process.

Assuming the withdrawal automatically ends all appeal rights; further legal steps may be necessary.

Filing Form 38D when a simple communication or agreement would suffice.

Not realizing that local court rules might require specific service methods beyond standard filing.

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