Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

sworn affidavitts

  • 30-08-2009 9:27am
    #1
    leitrim lad
    Closed Accounts Posts: 1,013 ✭✭✭


    hello all,

    just wondering if a person is in really bad health and attending outpatients clinic, and probably going to end up in hospital again in the next few days ,for a long period,
    can a solicitor draw up sworn affidavitts, and produce them to the court and still continue wioth the cases,

    i dont mean to disclose that much info but i have had a bad injury to the head , and am loosing consciosness, and will end up in hos again next week for a lengthly period for treatment, which is unrelated to this case in any way.


    and would this form of evidence be enough to get my side of the story across, or would a personal appearence be a better idea.

    you can pm me your opinion ,if its too open for the rules of the thread,


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    If it is a case such as a judicial review which at initial stages anyhow is heard on affidavit, you may be able to file an affidavit.

    Otherwise your solicitor will have to apply to the court before which the case is listed or proposed to be listed to appoint a commissioner to take the evidence in hospital, Your solicitor will advise.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I was going to also say Evidence on Commission might be more robust but I have a feeling this is something that is generally directed by a court.


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Evidence on commission would only be taken if you were unlikely to survive - hopefully that isn't the case ! It would be pretty unpleasant too as the other side would be entitled to turn up and cross-examine you.

    Presuming this is a standard civil or criminal case and you've been told by your solicitor that you are needed in court, an affidavit won't do unfortunately.

    A medical certificate that you can't be there is usually good grounds to adjourn though.


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


    Evidence is certain cases is heard on affidavit (cases brought by special/summary summons such as house repossessions or debt collections). Evidence for pre trial procedure is also given on affidavit. There is a power to apply to court to admit evidence given by affidavit at trial of the plenary action (Order 39 rule 1), it would be unusual to the court to grant this request where the evidence is contested since it would not be subject to cross examination. Instead the master of the high court would, as noted above, order evidence be taken on commission.


Advertisement