Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Declaration of sevice reg post

  • 04-04-2012 6:07pm
    #1
    ngk74
    Registered Users, Registered Users 2 Posts: 32 ✭


    In the matter of an appeal from the district court to the circuit court

    A (appelant) sends B (respondent) a notice of appeal per registered post according to DC rules/order 101 section 9.

    The declaration of service for registered items (form 10.1 or 10.2) says that the declaration should NOT be made before 10 days after the day of posting.

    one has only 14 days to lodge an appeal from the date of the DC case.

    So if one does not send out the appeal by the fourth day after the case, the declaration cannot be made. (?)

    Is this ten day rule adhered to in the case of an appeal? Why is it even there?

    It kind of opposes the idea of giving one 14 days to lodge the appeal. If you don't send the appeal by day 4, you cannot declare it in time and then it is invalid ? See my argument?


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    You can lodge the statutory declaration of service later after lodging the notice of appeal within the 10 day period.

    Order 101 R 9 DCR

    I must add we can't give specific advice about a case if you are appealing something, but think long and carefully before appealing from the District Court to the Circuit Court since the costs increase quite substantially if you were to lose and there is no appeal from the Circuit Court hearing a district court appeal.


  • #3
    ngk74
    Registered Users, Registered Users 2 Posts: 32 ✭ngk74


    So lets see if I got it straight:

    The appeal has to be served on the respondent AND lodged in the DC office WITHIN the 14 days.

    The dec of service can be lodged later but at the earliest 10 days after posting the reg letter have elapsed. However, this can be after the 14 day time limit for the lodgement of the appeal in the dc has expired.


    If one serves an appeal on a solicitor for the respondent (assuming he was represented by a sol at he dc hearing), in accordance with 101 R8 dcr, is it acceptable that that serving is made by ordinary post ( the rules say it is served 'by leaving it at the solictor's office)

    the postman woud have then 'left' it there

    Thanks


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    yes Order 10 Rule 12 of the District Court Rules permits service by ordinary post upon a solicitor. Form 10.3 is used to prove it.


This discussion has been closed.
Advertisement