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Form 102.3 – Notice Of Application To State A Case - Summary Jurisdiction Act, 1857

This is a legal form used to apply to have a case stated for determination under the Summary Jurisdiction Act, 1857. It's typically used when a legal question needs clarification from a higher court during proceedings.

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Form Overview

Form 102.3 – Notice Of Application To State A Case - Summary Jurisdiction Act, 1857

This is a legal form used to apply to have a case stated for determination under the Summary Jurisdiction Act, 1857. It's typically used when a legal question needs clarification from a higher court during proceedings.

Captulates information about the specific case and the precise legal question that needs to be stated for determination.

Risk Radar

  • Failing to clearly state the specific legal question that needs determination.
  • Incomplete information about the case
  • Missing supporting documentation
  • Incorrect legal citations
  • Filing in the wrong court

Plain English

This form helps you ask a court to formally state a legal question for a higher court to decide. It's part of a process where judges can refer complex legal issues to be resolved by more senior courts.

Submission Date

  • Deadlines for this form are typically set by the court in the specific case, but generally must be filed when the legal issue arises during proceedings.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use when a legal issue needs clarification from a higher court
  • Use when a point of law is in dispute during proceedings
  • Use when you want to have a case stated for determination
  • Use when following procedures under the Summary Jurisdiction Act, 1857
  • Do not use for routine court applications or appeals

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Appeal a lower court decisionForm 12ADifferent legal processCheck if your case qualifies for appeal
Apply for judicial reviewForm 102Different procedureVerify if judicial review is appropriate
Request case transferForm 102.1Different purposeConfirm transfer is the right option
Apply for case dismissalForm 102.2Different objectiveEnsure dismissal is appropriate

Deadline or filing window

Deadlines for this form are typically set by the court in the specific case, but generally must be filed when the legal issue arises during proceedings.

Before you submit

  • All sections completed fully and accurately
  • Supporting documents attached
  • Correct court fees paid
  • Copy provided to all parties involved
  • Form signed by authorized person
  • Verification that this is the correct form for your situation

How to file this form

  1. 1Obtain the correct form from the Courts Service
  2. 2Complete all sections with case details and legal question
  3. 3Prepare supporting documentation
  4. 4Submit to the appropriate court office
  5. 5Pay any required fees
  6. 6Serve copies on all parties
  7. 7Keep a copy for your records

Known limitations

  • Only applies to cases under the Summary Jurisdiction Act, 1857
  • Cannot be used for appeals or other legal procedures
  • May require legal representation
  • Subject to court rules and procedures
  • May not be available for all case types

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Current Form Status

This form appears to be based on older legislation (1857) but may still be in use. Check with the Courts Service for the most current version and any recent updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form is the most current version
  • Check if recent legislation has affected this form
  • Confirm court fees haven't changed
  • Ensure contact details are up-to-date
  • Check if electronic submission is now available

Quick Facts

Usually filed by legal practitioners or parties involved in a case who believe a legal point needs clarification from a higher court.
Captulates information about the specific case and the precise legal question that needs to be stated for determination.
Must be filed when a legal issue arises during proceedings that requires clarification from a higher court, typically when a point of law is in dispute.
Submitted to the relevant court office, either in person, by post, or potentially through an online portal if available for this form.
Filing correctly ensures proper legal procedure is followed, while errors or delays could result in the application being rejected or the case being delayed.
Complete all sections with accurate case details and the specific legal question to be stated. Attach any relevant supporting documents and ensure the form is signed before submitting to the appropriate court office.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

Form 102.3 – Notice Of Application To State A Case - Summary Jurisdiction Act, 1857

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After you file

  • Monitor court communications
  • Attend any required hearings
  • Respond to any requests for additional information
  • Keep track of case progress
  • Maintain copies of all filed documents

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Summary Jurisdiction Act, 1857
  • Form number: 102.3
  • Purpose: Notice of Application to State a Case
  • Not confirmed in official source if electronic submission is available
  • Not confirmed in official source for current fees
  • Not confirmed in official source for exact processing times

Common confusion points

6 things to watch for

  • 1

    Confusing this form with appeal forms

  • 2

    Uncertainty about what constitutes a proper 'case to be stated'

  • 3

    Not understanding the difference between stating a case and appealing

  • 4

    Difficulty identifying the specific legal question that needs stating

  • 5

    Confusion about which court has jurisdiction

  • 6

    Uncertainty about proper service on other parties

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