CC to HC Appeal
Nature of Appeal
Civil appeals from the Circuit Court to the High Court are heard de novo. The High Court examines both the factual and legal aspects of the case without being bound by the Circuit Court’s findings., as if it were an original trial.
Notice of Appeal
An appeal from the Circuit Court is made under Order 61 of the Rules of the Superior Courts. A Notice of Appeal must be filed within 10 days of the making of  the Circuit Court order or judgment.
The notice must be served and the service indicated on the back of the notice before it is lodged/filed. You do not need a copy of the Circuit Court order to file the appeal in the High Court.
The notice of appeal must be stamped with the relevant court fee. Where it is filed depends on whether there is oral evidence in the case.
Appeal Issues
If there is oral evidence, the appeal is lodged in the Circuit Court Office. Â Â If there is no oral evidence, the appeal is lodged in the Central Office and the appeal is heard in Dublin.
If the Circuit Court case was originally heard in Dublin, the appeal is lodged with the High Court Central Office. Order 61 Rule 3 allows 10 days for the appeal to be served and lodged in the Central Office. If serving by post the appeal must be sent on the 9th day.
The notice of appeal must be served on the other party or their solicitor before filing in the office.
Extension of Time
If outside the time limits, the party appealing can apply for an extension of time within which to bring the appeal. A notice of motion and grounding affidavit in the Central Office is required to apply to the Master of the High Court for an extension of time within which to lodge the appeal.
If the extension of time is granted, the notice of appeal along with the Order of the Master should be served. The notice should be indorsed and lodged in the relevant court office.
Not a Stay
Filing a notice of appeal does not act as a stay on the Circuit Court order. A stay places a hold on the Circuit Court Order while waiting for the appeal to be heard. The application for a stay on the Order must be made in the Circuit Court.
If the application is refused, the refusal can be appealed by serving and lodging a notice in the Central Office (Order 61 Rule 6) within four days. This can result in two appeals being lodged, in two locations, from one Circuit Court case.