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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11074
Experience:  Barrister 17 years experience
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I am temporarily representing myself. I filled out an

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I am temporarily representing myself. I filled out an affidavit and sent it. I now realise that in one of exhibits I should have included two emails from the person to fully back up my story, instead of one. In the affidavit I also refer to a letter from an expert, but forgot to write she has written academic papers in this particular area, which gives her opinion a lot more weight. The court hearing is next month. Can I fix this now? Can I re-write the affidavit and just include these, or add a note? Is it possible?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. There is no such thing as 're-writing' an affidavit, if you have already filed it and submitted it to the court. Instead, what you do, is you file a Supplementary Affidavit in which you refer to the relevant passages in your original affidavit and then add the additional facts you wish to include.

2. If the time for filing affidavits have closed, then what you do, is you either seek liberty from the other side, or if they refuse, from the court, to include this Supplementary Affidavit. Be aware that you can ask for this liberty on the day of the hearing from the court itself. So, swear this Supplementary Affidavit and send it to the other side immediately. Normally, the will agree to it being filed as the matters you refer to are not hugely relevant and won't affect the outcome of the case. Even if they don't you can get liberty to file the affidavit from the court on the day of the hearing.

3. Be aware that you should not do this more than once. Include all relevant material and leave it at that.

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Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you very much for your reply. Would you know where I would get a template for that, or how should it be laid out?

5. The template for this is the same as for your Grounding Affidavit in the proceedings. You simply replace the words 'Affidavit' or 'Grounding affidavit' in the heading with the words 'Supplementary Affidavit'. The rest is in the same format.

Customer: replied 5 months ago.
Thanks again. Can I ask you how I use sound files as an exhibit? Do I just get the file on a cd and write exhibit xy2 with permanent marker? Also, when I filled out the application for enlargement of time form I didn't attach copies of some emails and statements I mentioned. Should I do this now? Sorry for the follow up questions. Do you want me to just make it a new question?

6. Firstly, you should make reference to the emails and statements you referred to in your other affidavit and then exhibit them in your Supplementary Affidavit. Make reference to the paragraph in your original affidavit in which they were referred to so it is clear what you are referring to. Secondly, you don't exhibit sound files as an exhibit to an affidavit. The correct course is to reduce these sound files to writing and exhibit the written version. Essentially, an affidavit is a written document. It does not admit sound files.

Customer: replied 5 months ago.
Thanks for your reply. Just to be clear: the exhibits in the original affidavit I am not referring to in the supplementary affidavit I don't do anything with. The exhibits in the original affidavit which I am referring to in the supplementary affidavit I exhibit again referring to the paragraphs. The new exhibits I just refer to as normal.Here is what I would do with when I am referring to an exhibit from the original affidavit:
'Prof X said he didn’t have the document. Exhibit AB6, referred to in paragraph 9 in the original affidavit, is a copy of Prof X's letter saying he didn't have the document.'
Would that be correct?Regards
Customer: replied 5 months ago.
Sorry, I forgot: can I transcribe the voice recording myself? It might be better and faster, as I know the vocabulary and there are some local accents.

7. Firstly, you can transcribe the voice recording yourself. There is no need to employ someone else to do this. Secondly, you can refer to an exhibit in the terms of what you have set out.

8. However, you don't re-exhibit exhibits. If you have exhibited an item in the previous affidavit, then leave it at that. You can refer to it again, but you don't go exhibiting it again.

9. Finally, the form for referring to an exhibit is 'I ask this Honourable Court to have regard to a copy of the letter of Prof X upon which I have signed my initials and which is exhibited hereto as Exhibit AB6'.

Customer: replied 5 months ago.
Thank you for your help and happy Christmas.

10. Best wishes and a Happy Christmas to you as well.