Appeal a small claims decision
Appealing a District Court decision
If you do not agree with all or part of the judge's decision (judgment), you can make an application to a higher court, known as an appeal.
Before deciding to make an appeal, you should consider whether you have valid reasons. Appealing a court decision may result in you having to pay costs, for example legal costs.
As a claimant or a respondent, you have fourteen days to appeal a District Court decision to the Circuit Court. There is a fee associated with this (see below).
To appeal a District Court decision, you must submit the following documents in the court office where the decision was made:
- Notice of Appeal (Form 101.1) . This must be signed by the party appealing the decision (known as the appellant) or their solicitor. The notice must be served on the other party and submitted in the court office within fourteen days of the judge's decision. Service must be completed before the notice can be submitted.
- Statutory Declaration of Service: This form must include the time, date, method, and place of service. It must be signed before a practising solicitor (not your own), a notary public, a peace commissioner, or a commissioner for oaths.
For more information on serving and proof of service, please see our serving and proof of service page.
After completing the steps above, the matter will be listed before the Circuit Court. If you are not legally represented, you will be notified of the appeal hearing date by the court office.
Alternatively, the appeals list will be published on the legal diary section of courts.ie. The appeal court's decision will be issued to both parties when finalised.
Note: Submitting a Notice of Appeal does not stop a District Court order from taking effect. To do this, you must submit a Notice of Motion (Form 44.01) with any supporting Affidavit . This application is known as a “stay” on a court order.
Extension of time to appeal
If you are outside the fourteen-day appeal timeframe, you can apply for an extension by making an application to the relevant District Court or Circuit Court.
To do this, submit a Notice of Motion and serve a copy of it on the other party.
If the court grants an extension, you must serve both the order and the Notice of Appeal (Form 101.1) on the other party. Then submit proof of service and the original Notice of Appeal to the court office where the decision was made.
District Court fees
Original documents must be stamped with a court fee. You can pay fees at your local court office or, in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex. Payments can be made by card or cash.
- Notice of Appeal: €25
- Notice of Motion to put a stay on a court order: €15
- Notice of Motion for extension of time to appeal (Circuit Court): €60
- Grounding Affidavit: €15
