Official form guide
Form 40A.04 Verifying Affidavit
The 40A.04 Verifying Affidavit is a sworn statement used in court proceedings in Ireland. It is filed to confirm that the information supplied to the court is true and correct.
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Form Overview
Courts Service of Ireland - Form 40A.04 Verifying Affidavit
The 40A.04 Verifying Affidavit is a sworn statement used in court proceedings in Ireland. It is filed to confirm that the information supplied to the court is true and correct.
Risk Radar
Scan points- 1The most common mistake is signing the affidavit before a commissioner for oaths.
- 2Signing before a commissioner for oaths
- 3Leaving mandatory fields blank
- 4Using an outdated version of the form
- 5Submitting the affidavit to the wrong court registry
Plain English
Think of this as a written oath you sign in front of a commissioner for oaths. You state facts that the court needs and swear they are accurate. It is a routine part of many civil and family cases.
Submission Date
- Filing date: File the Verifying Affidavit by the date set in the court’s directions notice, typically within 14 days of the request.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When the court specifically requests a Verifying Affidavit
- To support a written statement of fact in civil proceedings
- In family law cases where financial or custodial facts need verification
- When you need to attach a sworn declaration to an application
- Instead of a simple affidavit where verification is required
Form selector
Use this form or another form?
Applying for a decree nisi
Used for divorce applications
✓ Verify before filing
Requesting a restraining order
Specific to injunctions
✓ Check if a Verifying Affidavit is needed
Submitting evidence in a criminal case
Different evidential rules
✓ Confirm with court clerk
Deadline or filing window
File the Verifying Affidavit by the date set in the court’s directions notice, typically within 14 days of the request.
Before you submit
- 1Form is the latest 40A.04 version
- 2All personal and case reference details are correct
- 3Facts are written clearly and concisely
- 4Signature obtained in front of a commissioner for oaths
- 5Commissioner’s stamp and signature are present
- 6Supporting documents are attached where required
- 7Form is legible and printed on white A4 paper
- 8Copy retained for your records
- 9Submitted to the correct court registry
How to file this form
- 1Download the 40A.04 form from courts.ie
- 2Complete the form on a computer or clearly by hand
- 3Visit a commissioner for oaths to sign and have it witnessed
- 4Attach any required annexes or evidence
- 5Deliver the signed affidavit to the court registry (in person, post or online)
- 6Obtain a receipt or acknowledgment from the court
Known limitations
- 1Only valid for the specific case referenced on the form
- 2Cannot be used for criminal prosecutions without court direction
- 3Must be signed in person by a commissioner for oaths – electronic signatures are not accepted
- 4Form does not replace a full sworn affidavit where more detailed testimony is needed
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->The 40A.04 form is the current version as of 2024. No major revisions have been announced recently.
What changed or needs a fresh check
- Check the form header for the latest issue date
- Confirm the case reference field format matches the current court numbering
- Verify the signature block includes space for the commissioner’s stamp
- Ensure any new mandatory declaration statements are filled
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm number and title taken from Courts Service catalogue
- SRCGeneral purpose of Verifying Affidavit inferred from Irish court practice
- SRCSubmission methods based on Courts Service online portal and typical registry procedures
- SRCDeadlines derived from standard court directions notices
- SRCNot confirmed in official source: exact 14‑day deadline wording
- SRCNot confirmed in official source: whether electronic filing is available for all courts
Common confusion points
Difference between a Verifying Affidavit and a regular affidavit
Whether a notary public can act as commissioner for oaths
If a photocopy of the signed form is acceptable
How many copies of the affidavit are needed
Whether electronic filing is available for all courts
What to do if you discover an error after signing
Source transparency
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