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Official form guide

Form 21.6 – Warrant To Arrest (Witness Refusing To Attend)

This is Form 21.6 from the Courts Service of Ireland. It creates a formal order allowing police or court officials to arrest someone. You use it when a witness fails to show up as required.

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Form Overview

Courts Service of Ireland - Form 21.6 – Warrant To Arrest (Witness Refusing To Attend)

This is Form 21.6 from the Courts Service of Ireland. It creates a formal order allowing police or court officials to arrest someone. You use it when a witness fails to show up as required.

The form captures details about the witness, why they are refusing to attend, and the specific court order authorizing their arrest. It confirms the necessary facts for the warrant.

Risk Radar

Scan points
  • 1Double-check the witness's full name against their ID documents.
  • 2Failing to cite the correct case number/file reference.
  • 3Not clearly stating *why* the witness is refusing attendance.
  • 4Missing the signature of an authorised person.
  • 5Submitting too late after the court session has already begun.

Plain English

If a person was supposed to attend court but refuses to turn up, this form lets the courts issue an arrest warrant for them. Think of it as the official paperwork that says, 'We need to bring this person in.'

Submission Date

  • Filing date: The timing depends on the court schedule, but ideally, submit this as soon as you know they will not attend a scheduled hearing.
  • 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 specifically when a person was required to be a witness in court but did not show up.
  • It is used to authorize an arrest, meaning police can legally take the witness into custody.
  • Do not use this if the witness simply missed a hearing without prior notice; a different notification might suffice.
  • Use this when the failure to attend is deemed serious enough by the court to warrant immediate enforcement.

Form selector

Use this form or another form?

Witness failed to appear

This form specifically covers the 'Refusing To Attend' clause of service.

✓ Ensure the witness refusal reason matches.

Form 21.6

Witness needs to be summoned initially

If you haven't formally requested arrest yet, use the initial summons first.

✓ Confirm if the court already issued a preliminary order.

Likely a summons notice/different warrant type

Arresting someone for contempt of court

While related, this might require a different specific warrant designation on Form 21.6.

✓ Check the case file instructions.

Not confirmed in official source

Witness refuses to give evidence (after attending)

If they are there but actively refusing to speak, use the form detailing that refusal instead.

✓ Look for 'Refusal To Testify' language.

Likely another variant/addendum

Deadline or filing window

The timing depends on the court schedule, but ideally, submit this as soon as you know they will not attend a scheduled hearing.

Before you submit

  1. 1All required sections (Applicant details, Witness details) must be fully completed.
  2. 2The Judge/Magistrate granting the order must sign and date the form.
  3. 3The case reference number from the relevant court file must be clearly written.
  4. 4Ensure the specific grounds for arrest are detailed—why is attendance mandatory?
  5. 5If submitted electronically, check that all digital fields have populated correctly before hitting submit.

How to file this form

  1. 1Complete all sections of Form 21.6 accurately in pen or digitally.
  2. 2Have the appropriate judicial officer sign and date the warrant.
  3. 3File the original form with the Court Office handling the case.
  4. 4Provide copies to the Garda Síochána (Irish Police) station assigned to execute the arrest.
  5. 5Keep a copy for your own records, noting when it was filed.

Known limitations

  1. 1This form alone does not guarantee an arrest; execution depends on police action.
  2. 2The validity period of the warrant is determined by the court order itself, not just the form date.
  3. 3It does not specify *where* the witness must be arrested, only that they can be arrested.
  4. 4Not confirmed in official source: Specific requirements for electronic vs. hard copy filing are not detailed here.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 21.6 remains the standard document for issuing an arrest warrant when a witness does not attend court proceedings. Check the latest Courts Service of Ireland website for any recent digital updates or mandatory revisions.

What changed or needs a fresh check

  • Verify the current date and version number listed on the top of Form 21.6.
  • Confirm the correct issuing Court/Circuit is noted in the header section.
  • Check if there are any new mandatory fields added for digital submission via the Courts Service portal.
  • Ensure the specific legal provision under which the warrant is granted matches current legislation.

Quick Facts

Usually, someone involved in the legal case—like a solicitor or party to the proceedings—will complete and submit this.
The form captures details about the witness, why they are refusing to attend, and the specific court order authorizing their arrest. It confirms the necessary facts for the warrant.
Submit this when you have confirmation that a required witness has actively refused or failed to appear at a scheduled hearing.
It is typically submitted to the relevant Circuit Court or District Court office, possibly via an online portal managed by the Courts Service of Ireland.
Submitting it correctly ensures the arrest power is legally sound. Errors could mean the warrant is challenged later in court.
First, fill in all details about the witness and the case reference number. Next, clearly state *why* they are refusing to attend. Finally, have the form signed by an authorised person before sending it off.

Form Details

Revision date
18/10/25

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Sources

  • SRCIssued by: Courts Service of Ireland (COURTS)
  • SRCForm Number: Form 21.6
  • SRCPurpose: To authorize arrest for witness non-attendance.
  • SRCContext: Used within Irish judicial proceedings.
  • SRCNot confirmed in official source: Specific court jurisdiction requirements.

Common confusion points

Mistaking this for a simple 'Summons'—Form 21.6 is an *enforcement* tool, not just a request.

Not clearly stating the reason the witness refused to attend (e.g., vague vs. actively defying court orders).

Filing it without the signature of the authorizing judge/magistrate.

Assuming the form automatically cancels itself; warrants have defined expiry dates.

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Source transparency

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