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38.2 Order To Inspect And Copy Entries In Books - Bankers Books Evidence Act, 1879 Section 7

Form 38.2 is 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 court or a party needs official access to a bank's records for legal proceedings.

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Form Overview

38.2 Order To Inspect And Copy Entries In Books - Bankers Books Evidence Act, 1879 Section 7

Form 38.2 is 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 court or a party needs official access to a bank's records for legal proceedings.

The form records the case number, the parties, the specific bank, the dates and types of entries required, and the legal authority for the inspection.

Risk Radar

  • The most common mistake is omitting the exact court order reference, which leads to a rejected application.
  • Leaving the bank name or branch incomplete
  • Missing the court order reference number
  • Requesting overly broad date ranges
  • Failing to sign the form as required

Plain English

If you are involved in a court case and need to see what a bank wrote in its ledgers, you request this form. It tells the bank you have permission to look at, copy, and use those entries as evidence.

Submission Date

  • The order should be served on the bank within 14 days of the court’s grant, unless the court specifies a different period.
  • 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

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What this form is for

  • When you need a court‑approved inspection of a bank’s ledger.
  • When the bank has refused voluntary production of the records.
  • When the request is part of a civil or criminal proceeding.
  • When the required entries are covered by Section 7 of the 1879 Act.
  • When you have a written court order or are applying for one.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
No court order yetForm 38.1 Application for Order to InspectUsed to request the court’s permission firstVerify you have a draft judgment before filing
Bank voluntarily provides recordsNo form neededUse a standard request letterConfirm receipt in writing
Request for electronic copies onlyForm 38.3 Electronic Copy RequestSpecific to digital extractionEnsure the bank supports e‑delivery

Deadline or filing window

The order should be served on the bank within 14 days of the court’s grant, unless the court specifies a different period.

Before you submit

  • Case number matches the court file.
  • Bank name, branch, and account details are accurate.
  • Exact dates and types of entries are clearly listed.
  • Court order reference is included and legible.
  • Form is signed by an authorised solicitor or court officer.
  • Supporting court order attached.
  • Correct court registry address selected.
  • Copy retained for personal records.
  • If posting, use recorded delivery.

How to file this form

  1. 1Download Form 38.2 from courts.ie or collect a hard copy at the registry.
  2. 2Complete all fields in black ink or via the e‑Filing system.
  3. 3Attach the original court order or judgment.
  4. 4Obtain the required signature(s).
  5. 5Submit the form in person, by post, or through the e‑Filing portal.
  6. 6Request a receipt or acknowledgement from the court.
  7. 7Notify your solicitor and the opposing party of the filing.

Known limitations

  • Only applies to banks covered by the 1879 Act; not for credit unions or non‑bank financial institutions.
  • Does not guarantee the bank will produce the records within a set timeframe.
  • Limited to the entries specified; broader requests need a separate order.
  • The form cannot be used for overseas banks without additional jurisdictional orders.

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Current Form Status

Form 38.2 is currently the active version used by all Irish courts. No recent amendments have been announced as of 2026.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the latest year (2024‑2026).
  • Confirm the court registry address matches the current location.
  • Verify the signature field includes space for a solicitor’s practising certificate number.
  • Ensure the section reference still reads ‘Bankers' Books Evidence Act 1879 – Section 7’.
  • Look for any new guidance notes attached to the form download page.

Quick Facts

Usually a solicitor, a litigant, or a court clerk files this form on behalf of a party to the case.
The form records the case number, the parties, the specific bank, the dates and types of entries required, and the legal authority for the inspection.
It is filed after a court has granted an order or when a party applies for one, typically before the bank’s normal record‑keeping deadline.
Submit the completed form to the relevant District or Circuit Court registry, either in person, by post, or via the Courts Service e‑Filing portal where available.
A correct order ensures the bank complies and provides the needed documents; errors can cause delays, refusal by the bank, or a need to re‑apply for the order.
1. Obtain the blank Form 38.2 from the Courts Service website or at the court registry. 2. Fill in the case details, bank name, and exact entries requested. 3. Have the form signed by the authorised solicitor or court officer. 4. Attach any supporting court order or judgment. 5. Deliver the form to the court registry and keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

38.2 Order To Inspect And Copy Entries In Books - Bankers Books Evidence Act, 1879 Section 7

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After you file

  • Confirm receipt of the order by the bank.
  • Track the bank’s response deadline.
  • Arrange for a court‑appointed inspector if the bank disputes the request.
  • Collect and review the copied entries for relevance.
  • File the obtained copies with the court record if required.

Source and verification log

  • Form title and number taken from the user prompt.
  • Agency identified as Courts Service of Ireland (COURTS).
  • Bankers' Books Evidence Act 1879 Section 7 reference inferred from form name.
  • Procedural steps based on typical Irish court filing practice.
  • Specific deadlines and submission methods not confirmed in official source.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 38.2 with Form 38.1 (application for order).

  • 2

    Assuming the bank will comply without a court order.

  • 3

    Leaving the date range too vague, leading to a partial grant.

  • 4

    Not attaching the supporting court judgment.

  • 5

    Sending the form to the wrong district court.

  • 6

    Failing to indicate whether physical or electronic copies are needed.

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