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district court question

  • 17-04-2008 11:13am
    #1
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭


    Does the judge on a family district court have the power of disclosure?

    If the parties werent sworn in, does it make the testomy null and void?


Comments

  • #2
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    As far as I am aware all family courts are held in camera.


  • #3
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    Thanks but that doesn't answer either of the questions.


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


    The answer would be yes. Though there may be limits on disclosure.

    Generally, testimony needs to be sworn or affirmed.

    Tom


  • #5
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    Really? I consulted 2 barristers yesterday and they said a district court judge does not have to power to issue and order of discovery.???:confused:


  • #6
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    metrovelvet wrote: »
    Really? I consulted 2 barristers yesterday and they said a district court judge does not have to power to issue and order of discovery.???:confused:


    Are you talking about ordering the State to disclose all material in a criminal case or party seeking discovery in a civil case.

    In a criminal case one can apply to the court for a Garry Doyle Order which compels the state to disclose all information to the defence that they hope to rely on in trial. This disclosure is optional contrasting with the circuit court where the state automatically makes disclosure (the circuit court deals with more serious criminal cases and the procedures tend to be more formal and rigourous).


    On the civil side a party can seek discoery in the district court, look at Order 46A of the District Court Rules
    http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/14bce666bbd52c5b80256f24003bb09f?OpenDocument


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  • #7
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    If they didn't then maintenance applications would be a complete shambles; people could put whatever they wanted in their statement of means and they could not be forced to produce bank records etc.

    That said, discovery doesn't happen all that often in the district court and is usually agreed, it is summary justice after all.


  • #8
    metrovelvet
    Closed Accounts Posts: 9,376 ✭✭✭metrovelvet


    I said at the top of the thread in FAMILY LAW DISTRICT COURT. Yes in criminal court cases the judge does have the power to issue an order of discovery.

    I inquired further.

    And yes in maintenance hearings it's based just on what you go in and tell them. No one has to show anything. For that you have to hire a barrister and take it to the circuit court. Plus with no swearing in, there is no threat of being punished for perjury.


  • #9
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    metrovelvet wrote: »
    And yes in maintenance hearings it's based just on what you go in and tell them. No one has to show anything. For that you have to hire a barrister and take it to the circuit court. Plus with no swearing in, there is no threat of being punished for perjury.

    Sometimes it is, but a party is entitled to request a statement of means from the other party, and this is a sworn document.

    Family law is a part of civil law, and the same rules as regards discovery would apply.


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