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Northern Ireland civil procedure

When must a party request a case stated from a Northern Ireland County Court?

21 days commencing on the decision day. Deliver the written application to the chief clerk and serve the other party. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.

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Period
21 days commencing on the decision day
Trigger
Actual date the county-court decision was given
Rule
County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)
County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

Current official revised XML accessed October 9, 2026, with retained amendment comparison. The June 2021 and February 2021 court PDFs are historical consolidation aids.

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When must a party request a case stated from a Northern Ireland County Court?

21 days commencing on the decision day. Deliver the written application to the chief clerk and serve the other party. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.

Responsible actor. The county-court party challenging a point of law.

Actual date the county-court decision was given.

A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.

A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions. The result must identify paired clerk delivery and party service for the county-court party challenging a point of law. Confirm every actual event and completion before selecting the ordinary branch.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

How does this provision count time?

  1. Establish actual date the county-court decision was given.
  2. Deliver the written application to the chief clerk and serve the other party.
  3. 21 days commencing on the decision day. Exclude the controlling event day under Order 3 rule 2(2). Count 21 following days. Intermediate weekends remain because this interval exceeds seven days.
  4. Deliver the written application to the chief clerk and serve the other party. Order 3 rule 4 addresses acts prevented at a court office. It does not automatically postpone this service, disclosure, validity or deemed-event boundary. Unproved nonworking endpoints remain outside numeric qualification.

21 days commencing on the decision day. Exclude the controlling event day under Order 3 rule 2(2). Count 21 following days. Intermediate weekends remain because this interval exceeds seven days.

Deliver the written application to the chief clerk and serve the other party. Order 3 rule 4 addresses acts prevented at a court office. It does not automatically postpone this service, disclosure, validity or deemed-event boundary. Unproved nonworking endpoints remain outside numeric qualification.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

What do independently checked examples show?

Fictitious example

Fictitious established event on Tuesday, January 13, 2026. 21 days commencing on the decision day. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictitious established event on Tuesday, January 13, 2026. 21 days commencing on the decision day. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions. 21 days commencing on the decision day. Exclude the controlling event day under Order 3 rule 2(2). Count 21 following days. Intermediate weekends remain because this interval exceeds seven days. The independent ordinary endpoint is Tuesday, February 3, 2026 for paired-clerk-delivery-and-party-service, not a different filing, service or entitlement date.Tuesday, February 3, 2026
Example 2. Closed-day boundaryFictitious boundary event on Friday, March 13, 2026. The source-specific completion is deliver the written application to the chief clerk and serve the other party. Deliver the written application to the chief clerk and serve the other party. Order 3 rule 4 addresses acts prevented at a court office. It does not automatically postpone this service, disclosure, validity or deemed-event boundary. Unproved nonworking endpoints remain outside numeric qualification.The ordinary paired-clerk-delivery-and-party-service endpoint is Good Friday, April 3, 2026. RCJ Office closure cannot postpone this actual act merely because it prevents a different registry filing. Establish lawful completion on the controlling day or an actual variation.
Example 3. Material procedural branchActual date the county-court decision was given is not established. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions. The selected period cannot replace that missing source fact. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.Actual date the county-court decision was given is not established. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions. The selected period cannot replace that missing source fact.
Example resultTuesday, February 3, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Applicable event and branch
A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.
Counting and boundary
21 days commencing on the decision day. Exclude the controlling event day under Order 3 rule 2(2). Count 21 following days. Intermediate weekends remain because this interval exceeds seven days.
Required completion
Deliver the written application to the chief clerk and serve the other party. Order 3 rule 4 addresses acts prevented at a court office. It does not automatically postpone this service, disclosure, validity or deemed-event boundary. Unproved nonworking endpoints remain outside numeric qualification.
County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)
  • A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions. The result must identify paired clerk delivery and party service for the county-court party challenging a point of law. Confirm every actual event and completion before selecting the ordinary branch.
  • This procedure concerns the county-court party challenging a point of law. Its controlling event is actual date the county-court decision was given. A final-decision statute can exclude the route. The judge can refuse a frivolous, vexatious or unreasonable request, subject to the statutory exceptions.

What must the responsible actor complete?

Questions about this procedure

When must a party request a case stated from a Northern Ireland County Court?

Is the request limited to points of law?

Yes. Article 61 addresses dissatisfaction on a point of law, subject to statutes making a decision final.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

Must a copy be served on the other party?

Yes. Delivering the written application to the chief clerk is accompanied by the stated copy-service requirement.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

What if the judge refuses to state a case?

Article 61 permits the stated certificate and Court of Appeal application route, subject to its conditions.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

Does later receipt of the decision reset twenty-one days?

The provision uses the date the decision was given. A later copy does not automatically replace it.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

Who receives the original written request?

Deliver the request to the chief clerk under Article 61 and satisfy the separate copy-service requirement.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

Does the provision cover a decision made final by statute?

The ordinary case-stated entitlement excludes a decision made final by the controlling statutory provision.

County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
County Courts (Northern Ireland) Order 1980 (SI 1980/397 (N.I. 3)), Article 61(2)Check the identified procedure, event, counting rule or qualification
Rules of the Court of Judicature (Northern Ireland) 1980, Order 3Check the identified procedure, event, counting rule or qualification
Rules of the Court of Judicature (Northern Ireland) 1980, Order 64 rule 7Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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