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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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Hi, I have a case currently with the Irish circuit court.

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I have a case currently with the Irish circuit court. It's a section 160 planning prosecution I have taken against a neighbour. We put in our grounding affidavit and they responded. We asked for time to respond to this response and were given a date of the next sitting of the court which expires very soon. I gave my solicitor my response to the affidavit 6 weeks ago and I have chased them up several times to get them to lodge it with the court. They have come up with several weak reasons why it has not been done. The latest being that the barrister took a tumble recently and hurt them themselves and that is why it is not ready. We only have a few days left to put my affidavit into the court and it looks like they will not have it in on time. The solicitor has told me that we can lodge my affidavit at any time, including after the current circuit court finishes. They even suggested that I could call into the office and sign the affidavit when they are not there and they will do the rest later. We are listed on the court listing for “motion”. I need to know if this is true or not, and what could the possible consequences of not lodging my affidavit with the court during the time we said we would. Could the judge send it forward for trial and leave me with no chance of adding critical exhibits I would need to win my case, or can he throw the case out and make me restart the process? This case is hugely important to me and my family and I have expressed this to my solicitor.


Buachaill :

1. YOu are worrying unduly. the lodging of affidavits is not a matter for which the court strike out applications such as your section 160 claim. The lodging of the affidavit "late" may either be a tactic to take the other side by surprise on the day of the hearing or else to ensure that the case does not get heard on the adjourned hearing date and goes back for another term. Either way your solicitor is engaging in gamesmanship. But this will not affect you. Essentially, you should just take a back seat and let the professionals get on with it. You should have been told that this case is going to be heard purely on the affidavit evidence. There will be no oral evidence unless one side seeks to cross examine on the affidavits, which is unlikely. This will take place on the adjourned date when the affidavits will be read, the law opened and the judge will make up his mind immediately. The hearing will be about 30-45 minutes in all. But you are worrying unduly forseeing adverse consequences to filing affidavits late. This happens all the time and is run of the mill for all the legal professionals involved. You should not loose any sleep over it. The idea behind getting a professional to do it is that you no longer have to worry about it. So direct your mind elsewhere to productive things.

Buachaill :

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Customer: replied 3 years ago.

Does the court have to be in session for an affidavit to be lodged with the court?

2. No, a court does not have to be in session for an affidavit to be lodged with the court. An affidavit can be lodged at any time.