No. 40 Court of Appeal - Military - Notice of Application for Enlargement of Time Within Which to Appeal

What this form is for

• • When you have missed the standard appeal deadline in a military case.
• • When you need a formal court order to extend the appeal period.
• • If you have a valid reason such as illness, procedural error, or new evidence.
• • When the appeal is to the Court of Appeal, not a lower circuit court.
• • If you are representing yourself, you still must complete this form.

Use this form or another form?

Deadline or filing window

The application must be lodged before the court issues a final order refusing the appeal for being out of time. In practice, this means filing within a few days of the missed deadline, if possible.

Before you submit

• • Case number and parties correctly entered
• • Original appeal deadline clearly stated
• • Detailed, truthful explanation for the delay
• • All supporting documents attached
• • Form signed and dated by the applicant or solicitor
• • Correct filing fee included or exemption confirmed
• • Copy of the original appeal notice attached
• • Contact details for service of any court correspondence
• • Checked for spelling or transcription errors
• • Prepared a duplicate for your records

How to file this form

1. 1Download the latest Form No. 40 from courts.ie.
2. 2Complete the form in black ink or via the online portal.
3. 3Gather supporting evidence (medical certificates, court notices, etc.).
4. 4Pay the filing fee at the court registry or online.
5. 5Submit the form and evidence to the Court of Appeal registry.
6. 6Obtain a receipt or acknowledgment of filing.
7. 7Notify any other parties of the application as required.

Known limitations

• • Form only applies to military matters in the Court of Appeal.
• • No provision for electronic signatures on paper copies.
• • Fee exemption criteria are not detailed on the form.
• • The form does not capture multiple reasons for delay in separate fields.