Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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Does the court have to be in session for an affidavit to be lodged with the court?