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40A.04 Verifying Affidavit

The 40A.04 Verifying Affidavit is a sworn statement used in court proceedings in Ireland. It is filed to confirm that the information supplied to the court is true and correct.

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Form Overview

40A.04 Verifying Affidavit

The 40A.04 Verifying Affidavit is a sworn statement used in court proceedings in Ireland. It is filed to confirm that the information supplied to the court is true and correct.

The form captures your personal details, the case reference, a description of the facts you are verifying, and a signature witnessed by a commissioner for oaths.

Risk Radar

  • The most common mistake is signing the affidavit before a commissioner for oaths.
  • Signing before a commissioner for oaths
  • Leaving mandatory fields blank
  • Using an outdated version of the form
  • Submitting the affidavit to the wrong court registry

Plain English

Think of this as a written oath you sign in front of a commissioner for oaths. You state facts that the court needs and swear they are accurate. It is a routine part of many civil and family cases.

Submission Date

  • File the Verifying Affidavit by the date set in the court’s directions notice, typically within 14 days of the request.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When the court specifically requests a Verifying Affidavit
  • To support a written statement of fact in civil proceedings
  • In family law cases where financial or custodial facts need verification
  • When you need to attach a sworn declaration to an application
  • Instead of a simple affidavit where verification is required

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Applying for a decree nisiForm 40A.01Used for divorce applicationsVerify before filing
Requesting a restraining orderForm 40A.06Specific to injunctionsCheck if a Verifying Affidavit is needed
Submitting evidence in a criminal caseNot a Verifying AffidavitDifferent evidential rulesConfirm with court clerk

Deadline or filing window

File the Verifying Affidavit by the date set in the court’s directions notice, typically within 14 days of the request.

Before you submit

  • Form is the latest 40A.04 version
  • All personal and case reference details are correct
  • Facts are written clearly and concisely
  • Signature obtained in front of a commissioner for oaths
  • Commissioner’s stamp and signature are present
  • Supporting documents are attached where required
  • Form is legible and printed on white A4 paper
  • Copy retained for your records
  • Submitted to the correct court registry

How to file this form

  1. 1Download the 40A.04 form from courts.ie
  2. 2Complete the form on a computer or clearly by hand
  3. 3Visit a commissioner for oaths to sign and have it witnessed
  4. 4Attach any required annexes or evidence
  5. 5Deliver the signed affidavit to the court registry (in person, post or online)
  6. 6Obtain a receipt or acknowledgment from the court

Known limitations

  • Only valid for the specific case referenced on the form
  • Cannot be used for criminal prosecutions without court direction
  • Must be signed in person by a commissioner for oaths – electronic signatures are not accepted
  • Form does not replace a full sworn affidavit where more detailed testimony is needed

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Current Form Status

The 40A.04 form is the current version as of 2024. No major revisions have been announced recently.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the latest issue date
  • Confirm the case reference field format matches the current court numbering
  • Verify the signature block includes space for the commissioner’s stamp
  • Ensure any new mandatory declaration statements are filled

Quick Facts

Anyone who must prove the truth of a document or statement in a court case – for example, a plaintiff, defendant or witness – may need to complete this form.
The form captures your personal details, the case reference, a description of the facts you are verifying, and a signature witnessed by a commissioner for oaths.
It is filed at the point the court asks for a verified statement, often when you submit evidence or respond to a summons.
Submit the completed affidavit to the relevant District Court or Circuit Court registry in person, by post, or via the Courts Service online portal if the case is electronic.
An inaccurate affidavit can lead to contempt of court, fines or your evidence being rejected, which may delay or damage your case.
1. Download the 40A.04 form from the Courts Service website. 2. Fill in your details and the facts you are verifying clearly and concisely. 3. Take the unsigned form to a commissioner for oaths, sign it in their presence and have them sign and stamp the document. 4. Attach any supporting documents required by the court. 5. Deliver the affidavit to the court registry by the deadline indicated in the court notice.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

40A.04 Verifying Affidavit

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After you file

  • Keep the receipt or acknowledgment safe
  • Monitor court correspondence for any requests to amend the affidavit
  • Inform your solicitor or legal representative that the affidavit has been filed
  • Check that the affidavit appears in the case file during the next hearing
  • Update any personal records with the filing date

Source and verification log

  • Form number and title taken from Courts Service catalogue
  • General purpose of Verifying Affidavit inferred from Irish court practice
  • Submission methods based on Courts Service online portal and typical registry procedures
  • Deadlines derived from standard court directions notices
  • Not confirmed in official source: exact 14‑day deadline wording
  • Not confirmed in official source: whether electronic filing is available for all courts

Common confusion points

6 things to watch for

  • 1

    Difference between a Verifying Affidavit and a regular affidavit

  • 2

    Whether a notary public can act as commissioner for oaths

  • 3

    If a photocopy of the signed form is acceptable

  • 4

    How many copies of the affidavit are needed

  • 5

    Whether electronic filing is available for all courts

  • 6

    What to do if you discover an error after signing

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