38.1 Notice Of Application For An Order To Inspect And Copy Entries In Books - Bankers Books Evidence Act, 1879 Section 7
Form 38.1 is a Notice of Application for an Order to Inspect and Copy Entries in Bankers' Books under Section 7 of the Bankers' Books Evidence Act 1879. It is used when a party needs the court to allow inspection of a bank's records for legal proceedings.
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38.1 Notice Of Application For An Order To Inspect And Copy Entries In Books - Bankers Books Evidence Act, 1879 Section 7
Form 38.1 is a Notice of Application for an Order to Inspect and Copy Entries in Bankers' Books under Section 7 of the Bankers' Books Evidence Act 1879. It is used when a party needs the court to allow inspection of a bank's records for legal proceedings.
Risk Radar
- The most common mistake is omitting the precise dates of the entries you need.
- Missing case reference number
- Incorrect bank name or branch details
- Requesting an overly broad date range
- Failing to attach supporting documentation
Plain English
If you are involved in a court case and need to see what a bank has written in its books, you file this form. It asks the court to give you permission to look at and copy those entries.
Submission Date
- There is no fixed statutory deadline, but the order should be applied for well before the hearing date to avoid postponement.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When you need to inspect a bank’s ledger for a civil claim.
- • When a criminal case requires bank transaction evidence.
- • When a family law matter involves financial accounts held by a bank.
- • When a probate case needs to verify assets held in bank books.
- • When a commercial dispute calls for evidence of payments recorded by a bank.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Bankruptcy case | Form 38.2 | Bankruptcy orders require a different inspection form | Verify bankruptcy status first |
| Company liquidation | Form 38.3 | Companies may need CRO‑related documents | Use CRO forms for company records |
| Tax investigation | Form 30 | Revenue requests are separate from court orders | Check Revenue guidelines |
Deadline or filing window
There is no fixed statutory deadline, but the order should be applied for well before the hearing date to avoid postponement.
Before you submit
- • Case number entered correctly.
- • Bank name, branch, and account details verified.
- • Exact date range of entries specified.
- • Legal basis (Section 7) clearly stated.
- • Supporting affidavit or court order attached.
- • Applicant’s signature and date included.
- • Form printed clearly or uploaded legibly.
- • Correct court registry address used.
- • Copy retained for personal records.
How to file this form
- 1Prepare all required information and supporting documents.
- 2Complete each field on Form 38.1 accurately.
- 3Sign and date the form.
- 4Make a photocopy for your records.
- 5Submit the original to the appropriate court registry.
- 6Obtain a receipt or acknowledgment from the clerk.
- 7Notify your solicitor or legal representative of the filing.
Known limitations
- • Form only applies to banks covered by the 1879 Act.
- • Does not grant automatic access; court must issue an order.
- • Limited to inspection and copying, not extraction of data.
- • May be refused if the request is overly broad or irrelevant.
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✦ Open in AI EditorCurrent Form Status
Form 38.1 is currently the standard version used by the Courts Service. No recent amendments have been announced.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows 'Courts Service of Ireland'.
- • Check that Section 7 reference is present.
- • Verify there is a field for both case number and court name.
- • Ensure signature line includes date and applicant’s name.
- • Look for any new guidance notes attached to the form.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
38.1 Notice Of Application For An Order To Inspect And Copy Entries In Books - Bankers Books Evidence Act, 1879 Section 7
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After you file
- • Confirm receipt with the court clerk.
- • Track the status of the order’s issuance.
- • Arrange for a court‑approved inspection date with the bank.
- • Collect copies of the entries as ordered.
- • File the obtained copies with the court record if required.
Source and verification log
- • Form title and number taken from user input.
- • Purpose inferred from Bankers' Books Evidence Act 1879, Section 7.
- • Submission methods based on typical Courts Service procedures.
- • Deadline guidance inferred from general court practice.
- • All specific procedural details marked as not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up Form 38.1 with other inspection forms (e.g., for companies).
- 2
Assuming the form alone grants access without a court order.
- 3
Leaving the date range blank or too vague.
- 4
Submitting to the wrong court (District vs. High Court).
- 5
Not attaching the necessary supporting affidavit.
- 6
Failing to sign the form.
- 7
Using an outdated version of the form.
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