Official form guide
Form 42 - Notice Of Motion - Section 39 Of The Criminal Justice Act, 1994
This form is a Notice of Motion related to Section 39 of the Criminal Justice Act, 1994. It initiates a formal legal request within court proceedings.
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Form Overview
Courts Service of Ireland - Form 42 - Notice Of Motion - Section 39 Of The Criminal Justice Act, 1994
This form is a Notice of Motion related to Section 39 of the Criminal Justice Act, 1994. It initiates a formal legal request within court proceedings.
Risk Radar
Scan points- 1Verify that your notice directly addresses the requirements of Section 39 before submitting.
- 2Incorrect citation of the Criminal Justice Act, 1994
- 3Failure to specify the exact relief sought from the court
- 4Missing procedural documentation required by the court registry
- 5Submitting the motion outside the appropriate hearing stage
Plain English
This document allows someone involved in a criminal case to formally ask the court for specific action or determination. It is a structured way to bring an issue before a judge or magistrate. Completing it properly helps move the court process forward.
Submission Date
- Filing date: Deadlines are governed by the specific rules of criminal procedure and the current stage of the case; consult a legal professional for timing advice.
- 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
- * Use only when initiating a formal request under Section 39 of the Criminal Justice Act, 1994.
- * Do not use for general court queries or routine procedural updates.
- * This form is specific to certain criminal matters and does not cover all types of legal disputes.
- * Ensure you have followed all pre-requisite steps required by the presiding judge.
Form selector
Use this form or another form?
Seeking a civil injunction
Use forms designated for general civil procedure, not this specific criminal act.
✓ Confirm jurisdiction with the Court Office.
Filing evidence or witness statements
Evidence is typically submitted via court-specific protocols, not through a Notice of Motion form.
✓ Check local court rules for proper submission methods.
General complaint to Gardaí
This form is exclusively for use within the judicial court system.
✓ Do not submit this form directly to local police units.
Deadline or filing window
Deadlines are governed by the specific rules of criminal procedure and the current stage of the case; consult a legal professional for timing advice.
Before you submit
- 1Verify that the Notice of Motion is signed and dated by the appropriate party or solicitor.
- 2Gather all supporting documentation referenced in the form (e.g., previous court orders, police reports).
- 3Confirm payment of any required filing fees to the Court Office.
- 4Ensure multiple physical copies are prepared, as mandated by the specific court rules.
- 5Check for proper addressing and routing details specific to the receiving judge or registry.
How to file this form
- 1Consult with legal counsel to confirm that Section 39 is the correct legal basis for your motion.
- 2Complete all sections of Form 42 accurately, providing precise case details (Case Number, Court).
- 3Attach all necessary supporting evidence and documentation as listed on the form or by your solicitor.
- 4Submit the completed packet to the designated Court Office registry according to their specific intake procedures.
- 5Obtain a stamped copy of the filed Notice of Motion for your records.
Known limitations
- 1This form initiates a motion; it does not guarantee any outcome or judicial ruling.
- 2Its application is strictly limited by the provisions outlined in Section 39 of the Criminal Justice Act, 1994.
- 3Completion requires deep knowledge of criminal procedure and current case law.
- 4Not confirmed in official source: Specific departmental requirements may change without public notice.
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 a specific court document used in legal proceedings under Irish law. Always confirm the latest procedural rules with the Courts Service of Ireland.
What changed or needs a fresh check
- Verify the current year and version number printed on the form.
- Confirm that all required sections relating to Section 39 are completed, even if they appear complex.
- Check for any recent amendments published by the Courts Service of Ireland regarding criminal procedure.
- Ensure your legal representative has reviewed the latest procedural guidelines.
Quick Facts
Form Details
- Revision date
- 20/02/26
Downloads & source
Sources
- SRCAgency: Courts Service of Ireland (COURTS)
- SRCForm Number: Form 42
- SRCAct Reference: Section 39 Of The Criminal Justice Act, 1994
- SRCContext: Notice of Motion for specific criminal proceedings.
- SRCnot confirmed in official source: Specific mandatory filing fees.
Common confusion points
Mistaking a Notice of Motion (Form 42) for an Affidavit: The form is the request; the affidavit is the sworn statement of facts.
Believing filing the form automatically starts proceedings: A hearing date and judicial review are still required.
Assuming the form can be completed without legal advice: Due to its complexity, professional guidance is essential.
Confusing this motion with other related sections of criminal law.
Source transparency
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