Timely vouching of affidavit of means
, rule 4(17)(a) of the , as inserted by (), states that, in all cases where a defence and/or counterclaim has been filed (excluding actions seeking provision for one spouse from the estate of the other following the grant of judicial separation or divorce), each party shall, unless agreed otherwise in writing, vouch their affidavit of means within 28 days of the date of filing of the respondent鈥檚 affidavit of means or 21 days before the date fixed for the case progression, whichever is the earlier.
The Circuit Court Rules provide sufficient time from the issue of the case progression summons to ensure that all appropriate vouching documentation is exchanged between the parties. One of the most common reasons for delay in obtaining dates for hearing is the failure of parties to properly vouch their affidavit of means in a timely manner, or failure to raise or answer queries.
It should be possible in most cases for affidavits of means to be fully vouched and for queries to be raised and replied to prior to the first case progression hearing. This will also facilitate early settlement negotiations between the parties.
If this is done, then there is no need for extended adjournments and consequential delays in obtaining a hearing date.