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Form 40D.01 is the Notice of Appeal to the District Court. It is used when a party wants to challenge a decision made by a lower court or tribunal and asks the District Court to hear the appeal.
Plain English
If you disagree with a judgment from a lower court, you fill out this paper to tell the District Court you’re appealing. It sets out the basics of your case and why you think the decision should be overturned.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Appeal to Circuit Court | Form 40D.02 | Different jurisdiction | Verify the court level first |
| Request for reconsideration of a magistrate's decision | Form 40D.03 | Not an appeal | Use only for reconsideration requests |
| Appeal of a small claims decision | Form 40D.01 (with small claims annex) | Same form, extra annex | Attach the annex correctly |
The notice must be lodged within the appeal period specified in the original decision – usually 14 days, but some decisions allow up to 28 days.
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Form 40D.01 is the current version as of 2024. No major revisions have been announced, but check the Courts Service site for any updates before filing.
Agency: Courts Service of Ireland
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40D.01 Notice Of Appeal To District Court
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8 things to watch for
Mixing up the appeal deadline for District vs Circuit Court.
Using Form 40D.02 instead of 40D.01.
Leaving the ‘grounds of appeal’ section vague or incomplete.
Failing to attach the decision notice being appealed.
Submitting the form to the wrong court office.
Not paying the filing fee or forgetting the exemption certificate.
Signing the form with a nickname instead of full legal name.
Assuming an online submission is automatically accepted without a receipt.
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