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No.49  Affidavit

Form No.49 is an Affidavit used in the Courts Service of Ireland. It records a written statement made under oath for use in court proceedings.

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Form Overview

No.49  Affidavit

Form No.49 is an Affidavit used in the Courts Service of Ireland. It records a written statement made under oath for use in court proceedings.

The form captures your personal details, the case reference, a clear statement of facts, and a declaration that the contents are true to the best of your knowledge.

Risk Radar

  • Never sign the affidavit until you are in front of a Commissioner for Oaths.
  • Signing before the Commissioner for Oaths
  • Leaving mandatory fields blank
  • Using a photocopy of a signature
  • Submitting the wrong version of the form

Plain English

An affidavit is a paper where you swear that what you write is true, like a written testimony. You fill it out, sign it in front of a Commissioner for Oaths, and then file it with the court that is handling your case.

Submission Date

  • File the affidavit before the hearing date or within the time‑frame set by the court order, typically at least 5 working days prior to the hearing.
  • 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 an affidavit
  • To provide sworn evidence in civil or family matters
  • When you need to attach a written statement to a filing bundle
  • Instead of a witness statement that is not sworn
  • When you are representing yourself (Litigant in Person) and need to submit evidence

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witness statementForm No.45Unsworn written evidenceUse only if court does not require oath
Statutory declarationForm No.26Non‑court sworn statementUse for non‑court matters like land registration
Affidavit of serviceForm No.50Proof of service of documentsUse after serving papers

Deadline or filing window

File the affidavit before the hearing date or within the time‑frame set by the court order, typically at least 5 working days prior to the hearing.

Before you submit

  • All required fields completed
  • Printed in black ink, legible font
  • Signed only in the presence of a Commissioner for Oaths
  • Commissioner’s signature, stamp and date present
  • Correct case number and court name entered
  • Copy of supporting documents attached, if referenced
  • Original signed form ready for filing
  • If filing online, PDF is clear and under 10 MB

How to file this form

  1. 1Download the latest Form No.49 from courts.ie
  2. 2Complete the form and have it sworn before a Commissioner for Oaths
  3. 3Make a photocopy for your records
  4. 4Deliver the original to the appropriate court registry in person or by post
  5. 5If using e‑filing, scan the signed form and upload via the Courts Service portal
  6. 6Obtain a receipt or filing confirmation

Known limitations

  • Only accepted by courts that allow paper or e‑filing of affidavits
  • Cannot be used for non‑court statutory declarations
  • Must be signed in original; electronic signatures are not accepted
  • The form does not accommodate multiple affidavits in one document

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Current Form Status

Form No.49 is the current version as of 2024. No major revisions have been announced for 2025.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header reads 'Form No.49 – Affidavit'
  • Verify the case reference number field format
  • Confirm the signature block includes space for Commissioner for Oaths
  • Ensure any new marginal notes added after 2023 are followed

Quick Facts

Anyone who needs to give a sworn written statement to a court – for example a plaintiff, defendant, witness or solicitor – may need to complete this form.
The form captures your personal details, the case reference, a clear statement of facts, and a declaration that the contents are true to the best of your knowledge.
File the affidavit when the court orders one, when you are asked to provide evidence, or before a hearing date specified in the notice of motion.
Submit the completed affidavit to the relevant district or circuit court registry in person, by post, or via the Courts Service e-filing portal where available.
A correctly sworn affidavit is admissible as evidence. Errors or missing signatures can cause the affidavit to be rejected, delaying your case.
1. Download Form No.49 from the Courts Service website. 2. Fill in all sections legibly in black ink. 3. Do not sign until you are in the presence of a Commissioner for Oaths or a solicitor authorised to administer oaths. 4. Have the Commissioner sign and stamp the form. 5. Make a copy for your records, then file the original with the court registry or upload it through the e‑filing system.

Form Details

Agency
Courts Service of Ireland
Revision Date
27/01/26

No.49  Affidavit

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After you file

  • Keep the filing receipt or e‑filing reference number
  • Store the original signed affidavit safely
  • Monitor court communications for any objections or requests for amendment
  • If the affidavit is rejected, correct the issue and re‑file promptly
  • Update your case file with the court’s acknowledgment

Source and verification log

  • Form title and number inferred from Courts Service naming conventions
  • Affidavit purpose based on typical Irish court practice
  • Commissioner for Oaths signing requirement – standard legal procedure in Ireland
  • E‑filing availability – Courts Service offers an online portal for many forms
  • Deadline guidance – generic rule of filing before hearing date
  • Not confirmed in official source: exact page limits or PDF size restrictions

Common confusion points

7 things to watch for

  • 1

    Difference between an affidavit and a witness statement

  • 2

    Whether a solicitor can act as Commissioner for Oaths

  • 3

    How many copies are needed for filing

  • 4

    If a PDF scan is acceptable for e‑filing

  • 5

    Whether you can amend an affidavit after signing

  • 6

    Correct placement of the Commissioner’s stamp

  • 7

    What to do if you forget the case reference number

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