An application for the endorsement of a European Arrest Warrant issued by the French authorities for the extradition of Ian Bailey will be heard by the High Court tomorrow.
French authorities want Mr Bailey to stand trial in France for the voluntary homicide of Sophie Toscan du Plantier in west Cork in 1996.
Mr Bailey has always denied any involvement in her murder.
This is the second time the French authorities have tried to extradite Mr Bailey. The Supreme Court rejected a previous attempt in 2012.
Under French law, Mr Bailey can be tried in his absence.
Ms Toscan du Plantier was found battered to death on a laneway leading to her holiday home in Schull in west Cork on 23 December 1996.
Mr Bailey was arrested twice for questioning in relation to her death in 1997 and 1998, but was released without charge on both occasions.
Neither Mr Bailey nor his legal representatives were in court this morning.
Mr Justice Tony Hunt was told that the State had applied for endorsement of the warrant on 7 March but Ms Justice Aileen Donnelly had suggested that given the background of the case, Mr Bailey's side should be put on notice of the application.
Barrister Ronan Kennedy told the court they had written to Mr Bailey's solicitor, enclosing a copy of the warrant and inviting them to attend court if they so wished.
Mr Kennedy said Mr Bailey's solicitor had replied making a number of observations about the process and raising a number of queries.
He said the State wrote back saying they would be free to make any submissions they wanted to at the hearing of the application.
Mr Kennedy said he was "somewhat surprised" there was no one in attendance from Mr Bailey's side.
Mr Justice Hunt said he would hear further submissions on the endorsement of the extradition warrant tomorrow morning.
Lawyers for Mr Bailey told the High Court afterwards that they did not appear at the intended hearing of the application due to an oversight.
They are expected to be present at the hearing tomorrow morning.