The attention of practitioners is drawn to the following provisions of Order 40 of the Rules of the Superior Courts.

Rule 11: There shall be on every affidavit a note showing on whose behalf it is filed and no affidavit shall be filed or used without such note, unless the court otherwise directs.

Rule 16: (a) In cases in which an original affidavit is allowed to be used it shall, at
the time when it is used, be delivered to and left with the proper officer who shall send it to be filed.

(a) A copy of an affidavit may in all cases be used, the original affidavit having been previously filed, and the copy duly attested.

(b) A photostatic copy of an original affidavit which has been filed may be used, if certified by the solicitor who has filed the same to be a true copy thereof and that the original thereof has been filed.

Original affidavits should be filed in the Central Office pursuant to Rule 2 save in exceptional circumstances when leave of the court may be sought to file the affidavit in court. A copy of an affidavit for use in court should indicate the date upon which the original was filed.

The original affidavit should be stamped with the fee of €17 prior to filing.

Please note that statutory declarations of service are not acceptable as evidence of service in the High Court.

High court