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Form 21.3 –  Warrant For Attendance Of Witness (Evading Service Of Summons)

Form 21.3 is a court warrant used to compel the attendance of a witness who has evaded service of a summons in Irish legal proceedings. This form is typically used when a witness cannot be found or is avoiding their legal obligation to appear in court.

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Form Overview

Form 21.3 –  Warrant For Attendance Of Witness (Evading Service Of Summons)

Form 21.3 is a court warrant used to compel the attendance of a witness who has evaded service of a summons in Irish legal proceedings. This form is typically used when a witness cannot be found or is avoiding their legal obligation to appear in court.

The form captures information about the witness, the case details, and the reason why a warrant is needed due to the witness evading service of the summons.

Risk Radar

  • Ensure all attempts at serving the summons are thoroughly documented.
  • Incorrect witness information may lead to the warrant being challenged
  • Failure to document all attempts at service properly
  • Missing deadlines for applying for the warrant
  • Not providing sufficient evidence that the witness is evading service

Plain English

This form helps courts make sure witnesses show up when they're supposed to. If someone's avoiding a court summons, this warrant gives authorities the power to bring them to court.

Submission Date

  • There's typically no specific deadline for applying for this warrant, but it should be sought promptly once it's established that a witness is evading service to avoid delays in court proceedings.
  • 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

  • Use when a witness cannot be located after reasonable attempts
  • Use when a witness is deliberately avoiding service of summons
  • Use as an alternative to repeated attempts at service
  • Use when court intervention is needed to ensure witness attendance

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witness served but refusing to attendForm 21.2 - Warrant for Arrest of WitnessDifferent legal basis for compelling attendanceVerify which type of warrant is appropriate for your situation
Witness needs to provide evidence but not necessarily attendSubpoena formDifferent legal mechanism with different requirementsDetermine if physical attendance is truly necessary
Multiple witnesses evading serviceMultiple Form 21.3 applicationsEach warrant must be individually justifiedPrepare separate applications for each witness
Witness abroadInternational summons proceduresDifferent service requirements applyCheck if additional documentation is needed for international service

Deadline or filing window

There's typically no specific deadline for applying for this warrant, but it should be sought promptly once it's established that a witness is evading service to avoid delays in court proceedings.

Before you submit

  • Complete all sections of the form accurately
  • Document all attempts at serving the summons
  • Include witness contact details and last known address
  • Provide case reference number
  • Sign and date the form
  • Check court fee requirements and payment method

How to file this form

  1. 1Obtain the correct Form 21.3 from the Courts Service
  2. 2Complete all sections with witness and case details
  3. 3Document all attempts made to serve the summons
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required court fees
  6. 6Keep a copy of the submitted form for your records

Known limitations

  • This warrant only applies to Ireland and cannot be used for international cases
  • The warrant must be based on reasonable grounds that the witness is evading service
  • Courts may refuse the warrant if service attempts were insufficient
  • The warrant doesn't guarantee the witness will provide useful testimony

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Current Form Status

This form is current and in use as part of the Irish court procedures for compelling witness attendance.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the most recent version of Form 21.3
  • Check that court fee requirements haven't changed
  • Confirm witness identification requirements
  • Ensure service documentation requirements haven't been updated

Quick Facts

This form is typically completed by legal representatives, solicitors, or court officials involved in a case where a witness has evaded service of a summons.
The form captures information about the witness, the case details, and the reason why a warrant is needed due to the witness evading service of the summons.
Submit this form when a witness has been formally summoned but cannot be located or is deliberately avoiding service of the summons.
Submit this form to the relevant court office where the proceedings are taking place, either in person or through legal representatives.
Submitting correctly ensures the court has proper authority to compel the witness's attendance, which is crucial for the fairness and proper functioning of the legal process.
Complete all sections with accurate witness and case information. Specify how service was attempted and why it's believed the witness is evading service. Submit to the court with any supporting documentation.

Form Details

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

Form 21.3 –  Warrant For Attendance Of Witness (Evading Service Of Summons)

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After you file

  • Note the court date when the warrant will be considered
  • Prepare for potential court hearings regarding the warrant application
  • Follow up with court officials if you don't receive acknowledgment
  • Arrange for proper execution of the warrant if granted
  • Prepare for the witness's actual attendance in court

Source and verification log

  • Form number: Form 21.3 – Warrant For Attendance Of Witness (Evading Service Of Summons)
  • Issuing agency: Courts Service of Ireland
  • Purpose: Compelling witness attendance when summons service has been evaded
  • Legal basis: Not confirmed in official source
  • Typical use case: Not confirmed in official source
  • Submission process: Not confirmed in official source
  • Fee requirements: Not confirmed in official source

Common confusion points

6 things to watch for

  • 1

    Confusing this warrant with other types of court warrants

  • 2

    Not understanding the difference between evading service and refusing to attend

  • 3

    Unclear about what constitutes sufficient attempts at service

  • 4

    Confusion about which court has jurisdiction to issue the warrant

  • 5

    Misunderstanding the legal requirements for compelling witness attendance

  • 6

    Uncertainty about the timeframe for applying after establishing evasion

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