Form 42 - Notice Of Motion - Section 39 Of The Criminal Justice Act, 1994
Form 42 is a Notice of Motion used in court proceedings under Section 39 of the Criminal Justice Act, 1994. It is typically used to request specific court orders or directions in criminal cases.
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Form 42 - Notice Of Motion - Section 39 Of The Criminal Justice Act, 1994
Form 42 is a Notice of Motion used in court proceedings under Section 39 of the Criminal Justice Act, 1994. It is typically used to request specific court orders or directions in criminal cases.
Risk Radar
- The most common mistake is failing to properly serve all parties before filing with the court.
- Incorrectly citing the legal authority
- Failing to serve all parties
- Missing case reference details
- Unclear statement of what is being requested
Plain English
This is a legal document you file with the court when you want to ask the judge to make a specific decision or order in a criminal case. It's part of the formal process where you notify all parties about what you're asking the court to do.
Submission Date
- File this form well in advance of your court hearing date to allow time for service on all parties and court processing. Specific deadlines may be set by the court in your case.
- 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
- • Use when making a formal application to the court under Section 39 of the Criminal Justice Act
- • Use when you need to request specific directions or orders in a criminal case
- • Use when you need to notify other parties of your intended application
- • Use when the court needs formal notice of your legal request
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Simple procedural request | Form 10 - Notice of Motion | Different section of law applies | Check the specific legislation section |
| Application for bail | Form 14 - Application for Bail | Different legal process entirely | Verify if bail procedures apply |
| Civil matter application | Civil forms | Different court procedures | Ensure you're in the correct court division |
| Appeal against decision | Notice of Appeal | Different legal process entirely | Check if appeal is the correct procedure |
| Request for evidence disclosure | Form 45 - Notice of Motion | Different legal basis | Verify the correct legal authority |
Deadline or filing window
File this form well in advance of your court hearing date to allow time for service on all parties and court processing. Specific deadlines may be set by the court in your case.
Before you submit
- • Form is completed in full with all required sections
- • Case number and court details are correctly entered
- • Legal basis (Section 39) is properly cited
- • All parties have been served a copy
- • Supporting documents are attached
- • Form is signed and dated
- • Filing fee is paid if required
- • Copy is retained for your records
How to file this form
- 1Obtain the current version of Form 42 from the Courts Service
- 2Complete all sections with accurate case and request details
- 3Prepare copies for all parties and the court
- 4Serve copies on all other parties involved in the case
- 5File the original with the court office
- 6Pay any required filing fees
- 7Obtain a filed copy for your records
Known limitations
- • This form only applies to requests under Section 39 of the Criminal Justice Act
- • Court may refuse applications if not properly made or served
- • Does not replace required court attendance for hearings
- • May not be suitable for urgent applications requiring immediate court attention
- • Does not cover all types of criminal court applications
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✦ Open in AI EditorCurrent Form Status
This form is current and in use as part of standard criminal procedure in Irish courts. No recent changes have been confirmed in official sources.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that you're using the most recent version of Form 42
- • Verify that Section 39 references are current to the Criminal Justice Act
- • Ensure court-specific formatting requirements are met
- • Confirm any recent changes to filing procedures
- • Check if electronic filing options are now available
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/02/26
Downloads
Form 42 - Notice Of Motion - Section 39 Of The Criminal Justice Act, 1994
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After you file
- • Confirm receipt from the court
- • Prepare for the court hearing on your application
- • Monitor for any responses from other parties
- • Attend the scheduled court hearing
- • Follow up on the court's decision
- • Take further action based on the court's ruling
Source and verification log
- • Form issued by Courts Service of Ireland
- • Related to Section 39 of the Criminal Justice Act, 1994
- • Used for Notice of Motion in criminal proceedings
- • Not confirmed in official source: specific filing procedures
- • Not confirmed in official source: current version date
- • Not confirmed in official source: exact service requirements
- • Not confirmed in official source: filing fee amounts
Common confusion points
7 things to watch for
- 1
Confusing this form with other Notice of Motion forms
- 2
Uncertainty about which section of the Criminal Justice Act applies
- 3
Not understanding the difference between a motion and an application
- 4
Confusion about proper service requirements
- 5
Uncertainty about when legal representation is required
- 6
Confusion about timing relative to court hearings
- 7
Not understanding the relationship between this form and the case number
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