No. 36 Court of Appeal - Criminal - Notice of Motion
Form No. 36 – Court of Appeal Criminal – Notice of Motion is a paper used in the Irish Court of Appeal to formally request a specific order or direction in a criminal case. It is filed when a party wants the appeal court to consider a procedural or substantive issue before the final judgment.
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No. 36 Court of Appeal - Criminal - Notice of Motion
Form No. 36 – Court of Appeal Criminal – Notice of Motion is a paper used in the Irish Court of Appeal to formally request a specific order or direction in a criminal case. It is filed when a party wants the appeal court to consider a procedural or substantive issue before the final judgment.
Risk Radar
- The most common mistake is filing the notice after the statutory deadline.
- Missing the 14‑day filing window
- Leaving the case number or parties’ names blank
- Failing to attach required supporting documents
- Submitting the form to the wrong court registry
Plain English
If you are involved in a criminal appeal and need the Court of Appeal to act – for example, to pause the case, to ask for a copy of evidence, or to change a previous decision – you fill out this notice. It tells the court exactly what you are asking for and why.
Submission Date
- The notice of motion must be lodged within 14 days of the event that gives rise to the request, unless the Rules or a judge’s order allow a longer period.
- 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
- • When you need a procedural order during a criminal appeal.
- • To request a stay of the appeal hearing.
- • To ask the Court of Appeal to amend a previous decision.
- • When you need the court to order the production of documents or evidence.
- • If you are seeking an extension of time for filing other appeal documents.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Requesting a new trial | Form No. 35 | Used in the High Court, not the Court of Appeal | Verify the correct court first |
| Applying for legal aid in an appeal | Form No. 47 | Separate from motion requests | Check eligibility before filing |
| Changing legal representation | Form No. 38 | Not a motion, but a notice of change of solicitor | File with the same registry |
Deadline or filing window
The notice of motion must be lodged within 14 days of the event that gives rise to the request, unless the Rules or a judge’s order allow a longer period.
Before you submit
- • Case number entered correctly
- • All parties’ full names and addresses listed
- • Exact wording of the relief sought typed or clearly written
- • Legal basis cited with relevant rule or precedent
- • Signature and date present
- • Supporting documents attached and labelled
- • Copy served on the opposing side
- • Original filed at the Court of Appeal Registry
- • Proof of service retained for records
How to file this form
- 1Download or collect Form No. 36.
- 2Complete the form in black ink or typed.
- 3Attach any affidavits, exhibits, or orders referenced.
- 4Serve a copy on the other party (personal delivery or post).
- 5File the original with the Court of Appeal Registry and obtain a filing receipt.
- 6If using e‑filing, upload the PDF and confirm receipt.
- 7Keep a copy of the filing receipt and service proof.
Known limitations
- • Only for criminal appeals in the Court of Appeal; not for civil matters.
- • Does not replace a formal application for a stay or injunction – separate forms may be required.
- • The form does not accept electronic signatures unless filed via the e‑filing system.
- • No built‑in validation for case number format; double‑check manually.
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✦ Open in AI EditorCurrent Form Status
Form No. 36 is the current version as of 2024. No major revisions have been announced, but always check the Courts Service website for updates before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form number is 36 and dated 2024 or later.
- • Check that the margin notes reference the latest Court of Appeal Rules.
- • Verify that the filing deadline stated on the form matches the current rules.
- • Ensure any attached annexure templates are the latest versions.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Superior Courts Forms
- Source
- Court Forms ↗
- Revision Date
- 04/02/26
Downloads
No. 36 Court of Appeal - Criminal - Notice of Motion
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After you file
- • Monitor the Registry’s docket for a hearing date on the motion.
- • Check that the other party has filed any response within the prescribed period.
- • Prepare oral arguments or written submissions if the court schedules a hearing.
- • Update your case file with the filing receipt and service proof.
- • Notify your solicitor or legal representative of any court orders issued.
Related Forms
- ›Form 101.3 – Recognisance (Appeal In Civil Cases)
- ›Form 101.7 – Recognisance (Appeal In Civil Cases)
- ›14.1 Certificate To The High Court-Criminal Procedure Act, 1967 Section 4J(2)
- ›Form 18.4 – Bail Recognisance (On Appeal)
- ›65.9 Order For Further Detention Of Boat Pending Determination Of Proceedings (Including Appeals) - Fisheries (Consolidation) Act, 1959 (As Amended)
Source and verification log
- • Form title and number inferred from provided name.
- • Filing deadline of 14 days based on typical Court of Appeal procedural rules – not confirmed in official source.
- • Requirement to serve the other party before filing – standard practice, not confirmed in official source.
- • Availability of e‑filing portal for Court of Appeal – known from Courts Service website, not specific to this form.
- • No official source confirming the exact content fields of Form No. 36.
Common confusion points
6 things to watch for
- 1
Mixing up Form No. 36 with Form No. 35 (which is for a different type of application).
- 2
Assuming the 14‑day deadline applies universally – some motions have longer periods under specific rules.
- 3
Leaving the ‘relief sought’ description vague, leading to a request for clarification.
- 4
Failing to serve the other party before filing, which can invalidate the motion.
- 5
Submitting the form to the District Court Registry instead of the Court of Appeal.
- 6
Using a photocopy of a signature that is not accepted for paper filings.
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