An Affidavit of Delay is a formal legal document used in the Irish legal system when a party needs to explain why they were unable to meet certain legal deadlines or take timely action in legal proceedings. This document becomes necessary when statutory time limits have been exceeded or when there has been a significant delay in pursuing legal action. The affidavit must be sworn or affirmed before an authorized person (typically a Commissioner for Oaths or Notary Public) and should contain a detailed chronological account of events, explaining the reasons for the delay, any steps taken to address the situation, and why the court should allow the matter to proceed despite the delay. The document is governed by Irish legislation including the Oaths Act 1888 and must comply with the Rules of the Superior Courts.
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1. Title and Court Reference: Identifies the court, parties involved, and case reference number
2. Deponent Information: States the name, address, and occupation of the person making the affidavit
3. Basis of Knowledge: Establishes how the deponent has direct knowledge of the matters stated in the affidavit
4. Background of Legal Matter: Provides context about the underlying legal case or matter
5. Timeline of Events: Chronological sequence of relevant events leading to the delay
6. Explanation of Delay: Detailed explanation of the specific reasons for the delay
7. Actions Taken: Description of steps taken to mitigate or address the delay
8. Current Status: Statement of the current situation and any ongoing relevant circumstances
9. Verification Statement: Standard sworn statement confirming the truth of the contents
10. Jurat: Official certification by the commissioner for oaths or notary public
1. Medical Evidence Reference: Section referring to medical evidence when delay is due to health issues
2. Force Majeure Events: Section describing unexpected events beyond control when relevant
3. Third Party Involvement: Details of other parties' involvement in causing the delay when applicable
4. Previous Attempts: Description of previous attempts to proceed with the matter when relevant
5. Legal Advice Sought: Reference to legal consultation regarding the delay when applicable
6. Prejudice Statement: Statement addressing any prejudice to other parties due to the delay
1. Timeline Schedule: Detailed chronological list of relevant dates and events
2. Medical Records: Copies of relevant medical documentation if delay was health-related
3. Correspondence: Copies of relevant communications regarding the delay
4. Supporting Documents: Any additional documentation supporting the reasons for delay
5. Previous Court Orders: Copies of any relevant court orders or judgments
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