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 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
- Verify that your notice directly addresses the requirements of Section 39 before submitting.
- Incorrect citation of the Criminal Justice Act, 1994
- Failure to specify the exact relief sought from the court
- Missing procedural documentation required by the court registry
- Submitting 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Seeking a civil injunction | Not applicable (Civil Law) | Use forms designated for general civil procedure, not this specific criminal act. | Confirm jurisdiction with the Court Office. |
| Filing evidence or witness statements | Not applicable (Evidence) | 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 | Not applicable (Police/Garda) | 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
- • Verify that the Notice of Motion is signed and dated by the appropriate party or solicitor.
- • Gather all supporting documentation referenced in the form (e.g., previous court orders, police reports).
- • Confirm payment of any required filing fees to the Court Office.
- • Ensure multiple physical copies are prepared, as mandated by the specific court rules.
- • Check 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
- • This form initiates a motion; it does not guarantee any outcome or judicial ruling.
- • Its application is strictly limited by the provisions outlined in Section 39 of the Criminal Justice Act, 1994.
- • Completion requires deep knowledge of criminal procedure and current case law.
- • Not confirmed in official source: Specific departmental requirements may change without public notice.
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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.
Agency: 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
- 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
- • Keep meticulous records of the filing date and time stamp from the Court Office.
- • Follow up with your legal representative regarding the next scheduled hearing date for this motion.
- • Be prepared to present all supporting evidence when called upon by the court.
- • Track any subsequent orders or documents issued following the submission.
Source and verification log
- • Agency: Courts Service of Ireland (COURTS)
- • Form Number: Form 42
- • Act Reference: Section 39 Of The Criminal Justice Act, 1994
- • Context: Notice of Motion for specific criminal proceedings.
- • not confirmed in official source: Specific mandatory filing fees.
Common confusion points
4 things to watch for
- 1
Mistaking a Notice of Motion (Form 42) for an Affidavit: The form is the request; the affidavit is the sworn statement of facts.
- 2
Believing filing the form automatically starts proceedings: A hearing date and judicial review are still required.
- 3
Assuming the form can be completed without legal advice: Due to its complexity, professional guidance is essential.
- 4
Confusing this motion with other related sections of criminal law.
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