Court Appeal Procedure II
Notice of Motion to the Court of Appeal
Except where otherwise provided by this Part, every application to the Court of Appeal in proceedings begun in the Court of Appeal shall be by notice of motion in accordance with the Form No. 36 and shall be lodged with the Registrar and served on the other party to the proceedings and such other person, if any, as the Court of Appeal directs.
The Registrar shall publish the necessary forms and instructions in relation to notices of appeal or notices of application so that they are available to any person who requires them. The Governor of a prison shall make those forms and instructions available to prisoners desiring to make any application, and shall lodge any such notice given by a prisoner in his custody with the Registrar.
 Inquiries by Garda SÃochána
The Garda SÃochána of the district in which an appellant or applicant resided before his conviction or of the district from which the appellant or applicant was committed shall, when required by the Registrar, enquire as to and report to the Registrar on the means and circumstances of any appellant or applicant where such a question arises.
 Enforcement of duties by order of the Court of Appeal
The performance of any duty imposed on any person by this Part may be enforced by order of the Court of Appeal.
 Warrant for apprehension of appellant
Any warrant for the apprehension of an appellant issued by the Court of Appeal may be treated for all purposes, in the same manner as a warrant issued by a Judge of the District Court for the apprehension of a person charged with any indictable offence under the provisions of the Petty Sessions (Ireland) Act 1851 , or any statute amending that Act.
Lodgment of record and trial transcript on appeal
In any relevant appeal, the person responsible for the storage or custody of the record of the proceedings in the court of trial made at the request of the Courts Service shall, at the Court’s or the Registrar’s request, make available the record or any part of the record to the Court or the Registrar, in such manner as is required.
In any relevant appeal, the transcript of the proceedings in the court of trial (which shall contain all submissions made by counsel in the course of the trial including opening and closing speeches to the jury and any submissions made in mitigation of sentence) or of such part of the trial as the Registrar requires, certified by the transcript writer as a complete and correct transcript of the trial, or of the part of the trial required, shall be lodged with the Registrar.
Where necessary, the Registrar shall submit the transcript to the judge of the court of trial to be verified by him.
Production of documents and exhibits to Registrar
The Registrar may, or shall when so directed by a Judge, apply to the proper officer of the court of trial (or to such other court officer or person who has custody of same) for the production to him for the use of the Court on the hearing of the appeal of any original document or thing to which an appeal relates which are in the custody of that officer.
The Registrar may, or shall when so directed by a Judge, authorise inspection by or on behalf of a party to an appeal of any original document or thing produced to him in accordance with sub-rule (1).
Appeal where fine is imposed
Subject to any provision of statute, the operation of any order of the court of trial providing for the payment of a fine (including any such order imposing consequences in default of payment of a fine within a period prescribed) shall, subject to compliance by the person convicted with any terms or conditions imposed by the court of trial in the event of an appeal (including entry into any recognisances fixed by the Judge of the court of trial), be suspended for such period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal.
 Appeal where order made affecting property
Subject to any provision of statute, an order of the court of trial:
- Â providing for the forfeiture, destruction or other disposal of any property; or
- Â providing for the making of restitution or the payment of compensation or for the making of any other form of payment to a person, or
- Â providing for the return of any property to any person,
may include such directions, terms and conditions to suspend the operation of the order, or otherwise to preserve any property (or any sample, portion or representation of such property) which is the subject of the order, in the event of an appeal, as the court of trial thinks right.
The proper officer of the court of trial shall keep a record of any such orders.In the absence of any directions, terms and conditions imposed by the court of trial in the case of an order mentioned in sub-rule (1), the operation of the order shall be suspended for such period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal to the Court, and it shall be the duty of the person in possession of any property affected to preserve that property.
In the event of an appeal to the Court, the Court may by order made on an application by any party on notice to the other party to the appeal and of which notice has been given to any other person affected, annul any order referred to in sub-rule (1), or may vary such order, and such order, if annulled, will not take effect, and, if varied, will take effect as so varied.
 Certificate of conviction
The proper officer of the court of trial shall not issue, under any statute authorising him so to do, a certificate of conviction of any person convicted on indictment in the court of trial for the period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal to the Court or, when notice of appeal has been duly given, until the determination of the appeal.
Where an application is made to the proper officer of the court of trial to issue a certificate of conviction after the expiration of the period from the date of the order of the court of trial within which the person convicted may lodge notice of appeal to the Court, he shall, before issuing the certificate, be satisfied that there is no appeal then pending in the Court against the conviction.
A person wishing to obtain a certificate of conviction may obtain from the Registrar a certificate in the Form No. 58, Appendix U that no appeal against conviction is then pending. After the expiration of two months from the date of the conviction a certificate of conviction may be issued by the proper officer of the court of trial, except in cases in which he has had notice of an appeal which is still undetermined.
Orders of the Superior Courts
Every order of the Supreme Court, of the Court of Appeal, and of the High Court, when drawn up, shall be dated the day of the week, month and year on which the same was made, unless such Court shall otherwise direct, and shall take effect accordingly. Every such order shall be passed and perfected with all convenient speed. The date of perfecting shall be indorsed on the order by the proper officer.
Save where otherwise provided in the Rules:
- every order of the Supreme Court shall be issued out of the Office of the Registrar of the Supreme Court, provided that an order of execution may issue out of the Central Office;
- every order of the Court of Appeal shall be issued out of the Office of the Registrar of the Court of Appeal, provided that an order of execution may issue out of the Central Office;
- every other order shall be issued out of Central Office.
A Registrar may submit a draft of any order proposed to be issued to the parties to the proceedings and invite comment on the form of order before it is issue