Within fourteen days after a consent to taking evidence by affidavit as between the parties has been given, or after an order has been made for such purpose, or within such time as the parties may agree, the Court may allow, the claimant shall file his affidavits and deliver to the defendant or his solicitor a list thereof.<\/p>\n
The defendant, within fourteen days after delivery of such list, or within such other time as may be agreed or the Court may allow, shall file his affidavits, and deliver to the claimant or his solicitor a list thereof. Within seven days after the expiration of the fourteen day period or such other time as aforesaid, the claimant shall file his affidavits in reply. They are confined to matters strictly in reply.\u00a0 They shall deliver to the defendant or his solicitor a list thereof.<\/p>\n
When the evidence is taken by affidavit, any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party filing the affidavit a notice in writing, requiring the production of the deponent for cross-examination.\u00a0 The notice must be served at any time before the expiration of fourteen days next after the end of the time allowed for filing affidavits in reply, or within such time as the Court may allow;<\/p>\n
Unless the deponent is produced accordingly, his affidavit shall not be used in evidence save with the leave of Court. \u00a0The party to whom notice is given above is entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel the attendance of a witness.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
General On any petition, motion or application evidence may be given by affidavit.\u00a0 The court may order the production for cross-examination, of the person making any such affidavit. All affidavits shall be filed in the central office.\u00a0 Those used in minor and wards of court matters are filed in the Wards of Court office.\u00a0 Affidavits […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[317],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4514"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4514"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4514\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4514"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4514"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4514"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}