🇮🇪COURTS

Form 21.2 – Information - Witness Evading Service Of Summons

Form 21.2 is used to provide information regarding a witness who has avoided being served with legal summonses within the Courts Service of Ireland system. You use this when someone legally required to attend court fails to accept official service.

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Form Overview

Form 21.2 – Information - Witness Evading Service Of Summons

Form 21.2 is used to provide information regarding a witness who has avoided being served with legal summonses within the Courts Service of Ireland system. You use this when someone legally required to attend court fails to accept official service.

It captures details about the specific witness, the summons being evaded, and evidence of how or when the evasion occurred. You declare the facts of the situation on this document.

Risk Radar

  • Do not submit without a clear reference to the specific Summons Number being evaded.
  • Failing to list the exact Summons Number being evaded.
  • Vague description of *how* the service was avoided (e.g., just saying 'evaded').
  • Omitting the witness's full name or address details.
  • Submitting the form without a signature/date.

Plain English

This form tells the Irish courts that you have noticed a specific person is dodging the official paperwork (summons) telling them they need to appear in court. It flags the issue so the court knows the witness isn't cooperating with legal procedures.

Submission Date

  • While there is no universal deadline, aim to file this form as soon as the evasion event takes place. Courts may require submission within a short timeframe of a hearing date.
  • 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

  • Use this form when you know a specific person must attend court.
  • Use it after attempts to serve them (e.g., at their home or workplace) have failed.
  • Use it specifically because the witness is *evading* service, not just unavailable.
  • This is for providing information to the Courts Service, not necessarily filing a case itself.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witnesses who are simply unreachable (e.g., phone off)Form 21.1 (or similar variant)Use this if evasion isn't certain; use 21.2 if they actively dodge service.Check the reason for non-service.
Filing a new case where you need to summon someoneVarious Summons FormsIf you are initiating proceedings, start with the relevant summons form first.Confirm which specific action requires the witness.
Witnesses who refuse to sign documentsForm 21.2 (or related annex)While refusal is related, use 21.2 when they actively evade *service* of the summons itself.Note the date/location of the refusal.
Not confirmed in official sourceNot confirmed in official sourceNot confirmed in official sourceCheck form instructions for exact cross-referencing.

Deadline or filing window

While there is no universal deadline, aim to file this form as soon as the evasion event takes place. Courts may require submission within a short timeframe of a hearing date.

Before you submit

  • Ensure you have clearly identified the witness's full name and address.
  • Confirm the exact date(s) and method(s) of attempted service are recorded.
  • Verify that the summons being evaded is correctly described (e.g., Civil, Criminal).
  • Check that your signature matches the details provided for the reporting party.
  • Ensure you have noted *how* the witness evaded service (e.g., refused to answer, left premises immediately).
  • Confirm the specific court/jurisdiction where the summons is due.

How to file this form

  1. 1Complete all sections of Form 21.2 using clear, legible handwriting or typed text.
  2. 2Attach any supporting evidence (e.g., proof of attempted delivery slips) to the form.
  3. 3Sign and date the document where indicated on the form.
  4. 4Submit the completed form to the designated Courts Service office or via the online portal.
  5. 5Keep a copy of the fully executed Form 21.2 for your own records.

Known limitations

  • This form only reports evasion; it does not automatically force attendance at court.
  • The outcome depends on how the Courts Service uses this information (e.g., issuing a warrant).
  • It does not confirm *why* the witness is evading service, only that they are doing so.
  • Not confirmed in official source: The specific deadline for filing 21.2 after evasion occurs is not confirmed.

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Current Form Status

This is Form 21.2 from the Courts Service of Ireland. It remains the standard document for reporting when a witness actively avoids receiving legal summonses.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if there are new fields related to digital service attempts (e.g., email/online portal).
  • Verify the current required signature blocks for the reporting party.
  • Confirm the designated court office or jurisdiction listed on the form is up-to-date.
  • Look for any changes in terminology regarding 'Service of Summons'.
  • Check if a specific reference to CRO forms (if related to business witnesses) has been added.

Quick Facts

Anyone involved in the case who has observed or confirmed that a witness is evading service must complete this form.
It captures details about the specific witness, the summons being evaded, and evidence of how or when the evasion occurred. You declare the facts of the situation on this document.
Submit this form as soon as you confirm that a witness has actively avoided service of their court summons. There is no fixed deadline unless specified by the judge in your case file.
Submission methods are not confirmed in official source, but expect to submit it via the Courts Service online portal or by posting it directly to the relevant District/Circuit Court office.
Accurate submission ensures the court can take further action against the witness. Incorrect details may lead to delays in proceedings or misidentification of the evasion.
First, fill in the case reference numbers and identify the evading witness clearly. Next, describe precisely how service was evaded (e.g., refused receipt, moved house). Finally, sign and date the form before submitting it through your chosen channel.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

Form 21.2 – Information - Witness Evading Service Of Summons

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After you file

  • Note the reference number assigned to your submission by the Courts Service.
  • Follow up with the relevant court clerk if you do not receive acknowledgment within a set period (check local rules).
  • Track whether the witness is subsequently served via alternative methods (e.g., police escort).
  • Keep records of any subsequent actions taken based on Form 21.2.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: 21.2
  • Purpose: Reporting Witness Evading Service Of Summons
  • Context: Used within the Irish court system for summons compliance.
  • Not confirmed in official source: Specific required accompanying documents.

Common confusion points

4 things to watch for

  • 1

    Mistaking evasion for simple absence: Evasion means they actively avoid being served, not just that they are out shopping.

  • 2

    Filing it too early: Don't file before you have made a documented attempt to serve them.

  • 3

    Not detailing the 'how': Simply stating 'evaded service' is weak; detail *how* (e.g., bolted out the door).

  • 4

    Confusing it with CRO filing: If the witness is a director of a company, ensure you link this form to the relevant CRO records.

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