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Form 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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Form Overview

Courts Service of Ireland - Form 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.

The form records the details of the case, the specific bank, the period of records requested, and the legal basis for the request.

Risk Radar

Scan points
  • 1The most common mistake is omitting the precise dates of the entries you need.
  • 2Missing case reference number
  • 3Incorrect bank name or branch details
  • 4Requesting an overly broad date range
  • 5Failing 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

  • Filing 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.

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Glossary Terms

Hover a term to preview the meaning.

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.

Form selector

Use this form or another form?

Bankruptcy case

Bankruptcy orders require a different inspection form

✓ Verify bankruptcy status first

Form 38.2

Company liquidation

Companies may need CRO‑related documents

✓ Use CRO forms for company records

Form 38.3

Tax investigation

Revenue requests are separate from court orders

✓ Check Revenue guidelines

Form 30

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

  1. 1Case number entered correctly.
  2. 2Bank name, branch, and account details verified.
  3. 3Exact date range of entries specified.
  4. 4Legal basis (Section 7) clearly stated.
  5. 5Supporting affidavit or court order attached.
  6. 6Applicant’s signature and date included.
  7. 7Form printed clearly or uploaded legibly.
  8. 8Correct court registry address used.
  9. 9Copy retained for personal records.

How to file this form

  1. 1Prepare all required information and supporting documents.
  2. 2Complete each field on Form 38.1 accurately.
  3. 3Sign and date the form.
  4. 4Make a photocopy for your records.
  5. 5Submit the original to the appropriate court registry.
  6. 6Obtain a receipt or acknowledgment from the clerk.
  7. 7Notify your solicitor or legal representative of the filing.

Known limitations

  1. 1Form only applies to banks covered by the 1879 Act.
  2. 2Does not grant automatic access; court must issue an order.
  3. 3Limited to inspection and copying, not extraction of data.
  4. 4May be refused if the request is overly broad or irrelevant.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 38.1 is currently the standard version used by the Courts Service. No recent amendments have been announced.

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

Anyone who is a party to, or has a legitimate interest in, a court case that requires bank records must file this form.
The form records the details of the case, the specific bank, the period of records requested, and the legal basis for the request.
File the form as soon as you know you need the bank’s books, typically before the trial or hearing where the evidence will be used.
Submit the completed form to the relevant District Court or High Court registry, either in person, by post, or via the Courts Service e-filing portal if available.
Accurate filing ensures the court can grant the order promptly; errors or delays can postpone access to crucial evidence and may affect the outcome of the case.
1. Gather case reference, bank details, and the exact dates of entries you need. 2. Complete the form, signing where required. 3. Attach any supporting court orders or affidavits. 4. Submit to the court registry and keep a copy for your records. 5. Follow up with the court clerk to confirm receipt.

Form Details

Revision date
20/10/25

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Sources

  • SRCForm title and number taken from user input.
  • SRCPurpose inferred from Bankers' Books Evidence Act 1879, Section 7.
  • SRCSubmission methods based on typical Courts Service procedures.
  • SRCDeadline guidance inferred from general court practice.
  • SRCAll specific procedural details marked as not confirmed in official source.

Common confusion points

Mixing up Form 38.1 with other inspection forms (e.g., for companies).

Assuming the form alone grants access without a court order.

Leaving the date range blank or too vague.

Submitting to the wrong court (District vs. High Court).

Not attaching the necessary supporting affidavit.

Failing to sign the form.

Using an outdated version of the form.

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