Back in late Spring 2021 we wrote about the introduction of remote swearing of affidavits in Superior Courts. The rules were a welcome resolution to the unique problems posed by COVID-19 and a step forward in the digitalisation and transformation of the process.

https://nfg.ie/new-rules-allow-for-remote-execution-of-affidavits/

Now, rules allowing the remote swearing of affidavits in Circuit Court proceedings have come into force since Friday November 3rd, 2023.

The Circuit Court Rules (Affidavits) 2023, allow for an affidavit to be sworn in the physical presence of an officer or, if it is “not practicable for the deponent to attend”, via videoconference.

The revisions also insert requirements for affidavits, including that they must now include information about a deponent’s employment and age. The jurat of any affidavit sworn should contain wording that specifically states that the document the solicitor relied upon to identify the deponent contained a photograph of the deponent.

Back in March 2021 The Law Society also advocated for the introduction of corresponding rules in the District and Circuit Courts as soon as possible.

At the time in practice, it was often simplest for practitioners to have Affidavits executed in the traditional manner. However, it was a welcome alternative, both due to the COVID-19 restrictions and in other circumstances where clients are unable to attend in person.

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.