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Stat decl. - who can countersign/witness?

  • 16-03-2007 11:03pm
    #1
    fatherdougalmag
    Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭


    In drawing up a statutory declaration, who is sufficient to countersign and witness the declarant? Commissioner for oaths? Garda? Bank Manager?

    Thanks much


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Check the rules of the relevant court (eg Rules of the Superior Courts for High Court, Circuit Court Rules for Circuit Court, District Court Rules for the District Court) which are available at www.courts.ie. I think it may differ depending on the type of declaration.

    I think sometimes they are sworn in court before the judge (I'm not certain, but I think this is the case in family law) and the registrar or a solicitor could countersign if appropriate.

    If you are talking about an affidavit, it is sufficient to be sworn by a solicitor or commissioner for oaths.


  • #3
    fatherdougalmag
    Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭fatherdougalmag


    Thanks for that. I think that what they're really after is just a sworn statement (i.e. affadavit). Googled around and there are plenty of sample statutory declarations. Furthermore, a commissioner for oaths seems to be sufficient for what I'm after.


  • #4
    ivanthehunter
    Banned (with Prison Access) Posts: 1,284 ✭✭✭ivanthehunter


    Rather than starting another thread I just jump on to this old on.

    I have a list of declarants before me. They are as follows, a commissioner for oaths, notary public, solicitor or Peace commissioner.

    Can anyone tell me who the commissioner for oaths is? I'd say s/he works in the courts!

    Who is a notary public member? Could Bono sign as a declarant? and would this include the local priest?

    And i take it that a peace commissioner is probably a member of An Garda Siochana?

    Thanks for any help in understand the relevant titles.

    regards ivanthehunter


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Can anyone tell me who the commissioner for oaths is? I'd say s/he works in the courts!

    A private person appointed a commisioner for oaths by the Supreme Court. All practising solicitors by virtue of the Solicitors Act 1994 have the powers of a commissioner for oaths

    Who is a notary public member? Could Bono sign as a declarant? and would this include the local priest?

    Is a notary public appointed by the supreme court.

    The faculty of notaries in ireland have a website
    http://www.notarypublic.ie/

    And i take it that a peace commissioner is probably a member of An Garda Siochana?

    No, a peace commissioner is appointed by the Minister for Justice. They have some powers relating to oaths and search warrants and are designed to replace the justices of the peace who existed before 1921. Gardai know who their local peace commissioners are as they sometimes need them for warrants.

    Many a local councillor also acts as a peace commissioner.


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