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Filing Affidavits

  • 07-11-2010 9:03am
    #1
    xoxyx
    Registered Users, Registered Users 2 Posts: 1,811 ✭✭✭


    Hi all,

    I was wondering, what's the worst possible consequence of not filing an Affidavit. I know you're supposed to file them, but has anybody actually been pulled up in Court for not doing so?

    I usually have them filed for good practice, but I know a few haven't been (especially Affidavits of Service). What's the worst that can happen?? The Court gets the papers in advance anyway. It's not like they are being read as they're filed. It is just a red tape exercise? And what's with filing Affs of Service anyway, when you don't even file the papers that are being served!! Outdated stuff IMO.

    Thanks.


Comments

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


    Judge can theoretically refuse the application, Order 40 requires that they be filed.

    In general there is no prejudice as other side has copies of affidavits and judge is give a booklet of pleadings.

    In the Circuit Court the absence of the original affidavits from the court file will quickly become apparent to the judge/county registrar hearing the affidavit. In the High Court the judge normally only has the notice of motion in front of him.

    For ex parte applications, the resulting order is of no force unless affidavit used to ground application is not filed.


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