Official form guide
Form No. 40 Court of Appeal - Military - Notice of Application for Enlargement of Time Within Which to Appeal
Form No. 40 is a Notice of Application for an Enlargement of Time to Appeal in a Court of Appeal military case. Use it when you need the court to extend the deadline for filing an appeal.
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Form Overview
Courts Service of Ireland - Form No. 40 Court of Appeal - Military - Notice of Application for Enlargement of Time Within Which to Appeal
Form No. 40 is a Notice of Application for an Enlargement of Time to Appeal in a Court of Appeal military case. Use it when you need the court to extend the deadline for filing an appeal.
Risk Radar
Scan points- 1The most common mistake is filing after the court has already ruled the appeal time‑barred.
- 2Missing the statutory deadline to apply for an extension
- 3Failing to attach supporting evidence
- 4Incorrect case reference numbers
- 5Not paying the required fee
Plain English
If you missed the normal appeal deadline in a military matter before the Court of Appeal, this form asks the court for extra time. It tells the judge why you need the extension and asks for permission to file your appeal later.
Submission Date
- Filing date: 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.
- 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
- 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.
Form selector
Use this form or another form?
Missed deadline in civil case
Different procedural rules apply
✓ Verify the case type first
Need to vary a court order, not an appeal deadline
Not an extension request
✓ Use the correct variation form
Requesting a stay of execution
Separate from time‑extension
✓ Check the stay form requirements
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
- 1Case number and parties correctly entered
- 2Original appeal deadline clearly stated
- 3Detailed, truthful explanation for the delay
- 4All supporting documents attached
- 5Form signed and dated by the applicant or solicitor
- 6Correct filing fee included or exemption confirmed
- 7Copy of the original appeal notice attached
- 8Contact details for service of any court correspondence
- 9Checked for spelling or transcription errors
- 10Prepared a duplicate for your records
How to file this form
- 1Download the latest Form No. 40 from courts.ie.
- 2Complete the form in black ink or via the online portal.
- 3Gather supporting evidence (medical certificates, court notices, etc.).
- 4Pay the filing fee at the court registry or online.
- 5Submit the form and evidence to the Court of Appeal registry.
- 6Obtain a receipt or acknowledgment of filing.
- 7Notify any other parties of the application as required.
Known limitations
- 1Form only applies to military matters in the Court of Appeal.
- 2No provision for electronic signatures on paper copies.
- 3Fee exemption criteria are not detailed on the form.
- 4The form does not capture multiple reasons for delay in separate fields.
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->Form No. 40 is currently the approved version for 2024‑2025. No recent amendments have been announced, but check the Courts Service site for updates before filing.
What changed or needs a fresh check
- Confirm the form version number on the first page.
- Check for any new fee schedule attached to the form.
- Verify that the online filing link (if used) points to the latest PDF.
- Ensure the signature block reflects the current court registrar name.
- Review any updated guidance notes published with the form.
Quick Facts
Form Details
- Revision date
- 04/02/26
Downloads & source
Sources
- SRCForm title and number from Courts Service of Ireland listingsconfirmed
- SRCPurpose (enlargement of time to appeal) inferred from titlenot confirmed in official source
- SRCFiling location (Court of Appeal registry) inferred from jurisdictionnot confirmed in official source
- SRCFee requirement typical for court applicationsnot confirmed in official source
- SRCOnline portal availabilitynot confirmed in official source
Common confusion points
Mixing up Form No. 40 (military) with Form No. 39 (civil).
Assuming the extension is automatic without a court order.
Leaving the fee payment section blank, causing rejection.
Submitting to the Circuit Court registry instead of the Court of Appeal.
Not attaching a copy of the original appeal notice.
Using an outdated PDF version of the form.
Source transparency
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