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Northern Ireland civil procedure

When must a served Northern Ireland appeal be set down?

Within seven counted days after service. Enter the appeal by lodging the required copies and lower-court decision in the Central Office. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.

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Period
Within seven counted days after service
Trigger
Actual service of the notice of appeal
Rule
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

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 served Northern Ireland appeal be set down?

Within seven counted days after service. Enter the appeal by lodging the required copies and lower-court decision in the Central Office. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.

Responsible actor. The appellant who has served the notice of appeal.

Actual service of the notice of appeal.

One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.

One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline. The result must identify court office completion for the appellant who has served the notice of appeal. Confirm every actual event and completion before selecting the ordinary branch.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

How does this provision count time?

  1. Establish actual service of the notice of appeal.
  2. Enter the appeal by lodging the required copies and lower-court decision in the Central Office.
  3. Within seven counted days after service. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays.
  4. Enter the appeal by lodging the required copies and lower-court decision in the Central Office. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.

Within seven counted days after service. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays.

Enter the appeal by lodging the required copies and lower-court decision in the Central Office. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

What do independently checked examples show?

Fictitious example

Fictitious established event on Tuesday, January 13, 2026. Within seven counted days after service. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictitious established event on Tuesday, January 13, 2026. Within seven counted days after service. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline. Within seven counted days after service. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays. The independent ordinary endpoint is Thursday, January 22, 2026 for court-office-completion, not a different filing, service or entitlement date.Thursday, January 22, 2026
Example 2. Closed-day boundaryFictitious boundary event on Wednesday, March 25, 2026. The source-specific completion is enter the appeal by lodging the required copies and lower-court decision in the Central Office. Enter the appeal by lodging the required copies and lower-court decision in the Central Office. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.Wednesday, April 8, 2026
Example 3. Material procedural branchActual service of the notice of appeal is not established. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline. The selected period cannot replace that missing source fact. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.Actual service of the notice of appeal is not established. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline. The selected period cannot replace that missing source fact.
Example resultThursday, January 22, 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
One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.
Counting and boundary
Within seven counted days after service. Exclude the controlling event day under Order 3 rule 2(2). Count 7 following days. The period is at most seven days, so rule 2(5) excludes Saturdays, Sundays and specified public holidays.
Required completion
Enter the appeal by lodging the required copies and lower-court decision in the Central Office. Order 3 rule 4 permits next-open completion only where Office closure prevents this actual court-office act. Order 64 rule 7 includes the day after Easter Monday. Hearing recess alone does not prove closure.
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)
  • One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline. The result must identify court office completion for the appellant who has served the notice of appeal. Confirm every actual event and completion before selecting the ordinary branch.
  • This procedure concerns the appellant who has served the notice of appeal. Its controlling event is actual service of the notice of appeal. One notice copy must be stamped and endorsed with service particulars. The Master may allow further time. The listing date is a separate event and cannot be assumed from the lodging deadline.

What must the responsible actor complete?

Questions about this procedure

When must a served Northern Ireland appeal be set down?

Is serving notice sufficient to set down the appeal?

No. The appellant must complete the separate prescribed setting-down step.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

Can the notice's signature date start seven days?

No. Establish actual service of the appeal notice under the applicable provision.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

Are nonworking days counted in this short interval?

Order 3 rule 2(5) ordinarily excludes its specified days in periods not exceeding seven days.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

Does setting down establish the hearing date?

No. It does not guarantee an immediate listed hearing. Later court arrangements control the actual date.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

Does filing a copy alone establish setting down?

Use the prescribed setting-down procedure and required appeal documents. A generic upload alone does not prove the act.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

Can service on different respondents create different events?

Establish the relevant completed service required for this branch rather than assume one unverified dispatch date.

Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Rules of the Court of Judicature (NI) 1980, Sch 1, Order 59, rule 5(1)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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