A Sworn Affidavit is a crucial legal document in the Irish legal system, used to provide formal written testimony under oath. It is commonly required in court proceedings, regulatory filings, property transactions, and various administrative procedures where verified statements are necessary. The document must comply with specific requirements under Irish law, including proper execution before an authorized person such as a Commissioner for Oaths or practicing solicitor. Sworn Affidavits are governed by several pieces of legislation including the Oaths Act 1888, the Commissioners for Oaths (Ireland) Act 1889, and the more recent Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which introduced provisions for remote commissioning. The document must contain true and accurate statements, as false declarations can result in serious legal consequences under Irish perjury laws.
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1. Title and Court Reference: Specifies the court, parties involved (if applicable), and title of the proceedings
2. Deponent Information: Full name, address, and occupation of the person making the affidavit
3. Opening Statement: Formal declaration of the deponent's identity and basis for making the affidavit
4. Body of Evidence: Numbered paragraphs containing the factual statements, each dealing with a single topic or fact
5. Verification Statement: Standard sworn statement confirming the truth of the contents
6. Jurat: Formal closing section stating when and where the affidavit was sworn, and before whom
1. Beliefs and Information: Section specifically identifying statements made on information and belief rather than direct knowledge, used when the deponent is relying on information from other sources
2. Exhibit Reference Section: Section referring to and explaining any attached exhibits or documents, used when the affidavit needs to reference supporting documentation
3. Interpretation Section: Definitions of key terms used in the affidavit, needed when technical or specialized terms are used
4. Capacity Statement: Statement explaining the deponent's authority to make the affidavit on behalf of an organization, used when representing a company or organization
1. Exhibit A, B, C, etc.: Supporting documents referenced in the affidavit, each marked with a distinct exhibit number or letter
2. Certificate of Exhibition: Document certified by the commissioner for oaths confirming the exhibits attached to the affidavit
3. List of Exhibits: Index of all exhibits attached to the affidavit, required when there are multiple exhibits
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