Affidavits-of-Verification

So, apparently we now all live in a post-truth era where Donald Trump is the leader of the free world. However, unlike the new dawn heralded in by The Donald’s press secretary this weekend, the legal framework concerning ‘facts’ remains the same for you and I .

Evidence in Court must be the truth the whole truth and nothing but the truth, or so help you. Certainly, no judge would take kindly to being told ‘alternative facts’ and woe betide the brave plaintiff or defendant who would try to wiggle their way out of disclosing something unfavourable to them with such an excuse.

In a personal injuries case, each document filed in court must be accompanied by an Affidavit of Verification. An affidavit is essentially written evidence as opposed to oral evidence that is presented in a Court, and both types of evidence are supported by the weight of it being given ‘under oath’. This process of verifying affidavits was introduced in the Civil Liability and Courts Act, 2004. Essentially at each stage of the process an affidavit must be filed on the court file to confirm that the facts and assertions made are true.

Sins of Omission

The rules also provide that the affidavit state the person swearing the affidavit is aware that it is an offence to make a statement in the affidavit that it is false or misleading in any material respect or that the person swearing the affidavit knows to be false or misleading. What is ‘material’ is for the judge to decide. The penalty is significant, punishable by a fine not exceeding €100,000 and/or a term of imprisonment not exceeding ten years. The purpose of these affidavits is to fix the evidence to be adduced by the person when the case comes to trial, so each side knows the case they have to meet. A case for personal injuries can be a tricky and complex business. It can be easy to stray from the truth into the realm of alternative facts, but the importance for the success of any personal injury case is that it is presented warts and all. Any deviation from the truth can go to the heart of the case and completely undermine the credibility of your case, not to mention lead to an adverse finding with all of the penalties that can bring.

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At Carmody Moran Solicitors our expert solicitors are on hand to advise you at each step of the way of your personal injury case and will give professional and expert advice that you can rely upon and trust. We know that bringing any case is stressful and that you need excellent and knowledgeable representation from advocates who you know will work hard to get you a successful outcome. For more information contact us here.

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Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Richard Lawrence
Richard Lawrence
13:04 02 Sep 21
Tony an his team are brilliant.Left no stone unturned.
Fran Carroll
Fran Carroll
18:10 10 Jun 21
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Lorenzo Galati Giordano
Lorenzo Galati Giordano
08:11 03 Jun 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
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Annamay Rowan
12:21 10 Mar 21
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Anant Batra
Anant Batra
00:05 05 Feb 21
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Elvyra Petkeviciute
15:43 02 Sep 20
Would highly recommend Anthony and his team .
Tracy Ankers
Tracy Ankers
11:22 02 Aug 20
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Elaine McSweeney
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10:01 31 Jul 20
Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Maxine Hudson
Maxine Hudson
13:47 12 May 20
Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mark Kelly
Mark Kelly
02:11 06 Feb 20
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
Mick Giles
Mick Giles
15:50 09 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
david clarke
david clarke
17:01 02 Dec 19
Streetfront Lawyers.
Matthew Canning
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17:17 23 May 19
Professional Solicitors that you can depend on!
Alan Alyyan
Alan Alyyan
19:14 21 Jan 19
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Vanja Jovanovic
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07:49 06 Jul 18
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Bonnie B
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07:52 14 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
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declan mcgrath
07:36 12 Jun 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
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16:33 31 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
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23:57 24 May 18
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Paul Moran
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17:52 25 Feb 18
I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
jingjing xu
jingjing xu
16:11 15 Jun 15
I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
David McGowan
David McGowan
16:43 14 May 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
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Terry Palmer
15:24 23 Apr 15
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