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Exhibits with an affidavit

  • 14-05-2012 6:47pm
    #1
    Philm_12
    Registered Users, Registered Users 2 Posts: 143 ✭✭


    The judge gets the exhibits at the hearing. Does my opponent get them with her copy of my affidavit??


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Philm_12 wrote: »
    The judge gets the exhibits at the hearing. Does my opponent get them with her copy of my affidavit??

    An affidavit without exhibits is not much use, the affidavit includes exhibits and all should be given to the other side at the same time. (Some times when affidavits are being served at short notice or in a hurry a draft affidavit is given to the other side, but full sworn affidavit with sworn exhibits is given as soon as possible.) Logicaly it could not work any other way.


  • #3
    Philm_12
    Registered Users, Registered Users 2 Posts: 143 ✭✭Philm_12


    ResearchWill wrote: »
    Philm_12 wrote: »
    The judge gets the exhibits at the hearing. Does my opponent get them with her copy of my affidavit??

    An affidavit without exhibits is not much use, the affidavit includes exhibits and all should be given to the other side at the same time. (Some times when affidavits are being served at short notice or in a hurry a draft affidavit is given to the other side, but full sworn affidavit with sworn exhibits is given as soon as possible.) Logicaly it could not work any other way.

    Many thanks for that - logical of course!! But the judge does not get sight of the exhibits until the hearing.
    That could lead to an adjournment, I assume, if the exhibit documents are lengthy. Am I on the right track?


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    If in Circuit COurt you file exhibits with the original affidavit.

    In the High if may do to bring them in at day of hearing.

    Some judges do read the affidavit and exhibit before hearing.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    nuac wrote: »
    If in Circuit COurt you file exhibits with the original affidavit.

    In the High if may do to bring them in at day of hearing.

    Some judges do read the affidavit and exhibit before hearing.

    While you are correct in relation to filing the affidavit in the high court without exhibits it is usuall to serve the affidavit with copy exhibits on the other side at the same time.

    In some high court matters the pleadings including exhibits are given to the judge before hearing example the Asylum list the judges have all pleadings the weekend before hearing. In other cases it is often on the day of the hearing it's the first time the judge sees any of the papers.

    But in all cases the other side should know in advance the case they have to answer including proofs.


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


    RW

    I was replying to a query about filing exhibits in court.

    Of course unless you are going ex parte the other side must always be served.

    In tight cases I have seen that done by fax or email.

    Offices who do a lo of business with each other will often cooperate.

    The entire procedure of engrossing an affidavir, collating exhhibits etc can be very time consuming.


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