A motion is the procedure used to bring an application in the Court of Appeal in advance of the appeal hearing date. The most common forms of motion are for an extension of time to lodge a notice of appeal, for a stay on a High Court order (to suspend its operation until the appeal has been heard) or to adduce further evidence.
To bring a motion, you must complete a notice of motion and an affidavit (called a ‘grounding affidavit’). The respondent can file and serve an affidavit in response to your affidavit (called a ‘replying affidavit’).
You must pay court stamp duty – currently €60.00 - on the notice of motion and €20.00 on your affidavit.
If your motion is for an extension of time to lodge a notice of appeal, you must lodge a copy of your intended notice of appeal and an attested copy of the High Court order. You do not have to pay court stamp duty on the intended notice of appeal at this time but if your application is successful you will pay the fee (€250.00) when you lodge the original notice of appeal.