Understanding Affidavits and Electronic Means in Law
Learn about the process of creating and filing affidavits, including the importance of factual evidence, penalties for false statements, and the use of electronic means for legal documents under the Civil Law & Criminal Law (Miscellaneous Provisions) Act 2020.
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Presentation Transcript
Paper Evidence James Daly BL
Affidavits Title of proceedings Name, occupation, address of Deponent Means of knowledge clause Factual evidence Jurat Note showing on whose behalf Affidavit filed
Affidavits: Evidence Only facts not law No hearsay (exception for interlocutory applications) Exhibit relevant documents No scandal!
Affidavits: Jurat Sworn in presence of independent solicitor/ commissioner for oaths Date & place of swearing How Deponent s identity established
Affidavits: Understanding If doesn t speak Irish/English: Swear in own language Qualified translation Affidavit from translator If blind/illiterate: Read Affidavit to Deponent & ensure they understand
Affidavits: Penalties Costs not allowed Affidavit inadmissible Perjury
Affidavits: Style I say Your Deponent No orphaned jurats
Use of Electronic Means Civil Law & Criminal Law (Miscellaneous Provisions) Act 2020 Electronic lodgement, filing & issuing Conditions, exceptions, authentication of documents & verification of identity Either electronic or printed version be treated as the original
Statements of Truth Civil Law & Criminal Law (Miscellaneous Provisions) Act 2020 In lieu of Affidavits/Statutory Declarations May be electronic Shall state belief that contents are true May be signed electronically Shall comply with Court Rules Offence to make false statement
Affidavits of Means 1. Assets 2. Income 3. Debts & Liabilities 4. Weekly Expenditure 5. Pension
Affidavits of Welfare 1. Details of Children 2. Arrangements for the Children 3. Education & Training 4. Childcare 5. Maintenance 6. Contact with Children 7. Health 8. Care & other Court Proceedings
Affidavits of Service Sworn by person who effected service Identify document Date & manner of service Not returned undelivered Exhibit proof of delivery If by registered post, wait 10 days before swearing
Documentary Evidence & Covid Submissions to court Lodgement of papers Witness handling
