Official form guide
This form is titled Form 21.5 and comes from the Courts Service of Ireland. It specifically provides information when a witness has refused to attend a scheduled court appearance.
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Form Overview
This form is titled Form 21.5 and comes from the Courts Service of Ireland. It specifically provides information when a witness has refused to attend a scheduled court appearance.
Plain English
Use this form when someone who was supposed to give evidence in court declines to show up. It tells the court exactly why that person isn't attending. This helps the judge know what action to take next.
Submission Date
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Witness fails to attend (no contact)
This records absence without prior notice or explanation.
✓ Check if a notification letter was sent.
Witness needs an adjournment/reschedule
Use this when the witness *wants* to attend but cannot on the current date.
✓ Confirm the reason for the inability to attend.
Witness is unavailable due to illness/emergency
This covers a formal refusal, which often includes citing an unavoidable issue.
✓ Ensure the refusal letter details the reason clearly.
Witness confirms attendance at last minute
If they confirm just before the hearing, this might be a simple court note instead of a full 21.5 filing.
✓ Check local court procedure guidelines.
There is no single universal deadline listed here. Submit it immediately upon confirming the refusal to attend court.
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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.
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Fillable formOpen in Editor->This is Form 21.5 from the Courts Service of Ireland. It is used specifically to record details when a witness declines to attend court.
Quick Facts
Form Details
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Mistaking 'Refusal' for 'Inability': Refusal means they say 'No'; Inability means they say 'Yes, but not today.'
Forgetting to state *who* refused: The form needs the witness identified, not just the case.
Thinking this replaces service of documents: This form proves the refusal; other forms prove you told them about the hearing.
Assuming it cancels the case: Filing 21.5 only stops the current date; the matter might move to a new date or be dismissed.
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