Official form guide
Form No.42 Warrant of Committal for Refusing to Be Sworn or to Answer—section 24 Bankruptcy Act 1988
Form No.42 is a Warrant of Committal used by the Courts Service of Ireland when a person refuses to be sworn or to answer questions in a bankruptcy proceeding under section 24 of the Bankruptcy Act 1988. It is filed to obtain a court order to compel attendance.
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Form Overview
Courts Service of Ireland - Form No.42 Warrant of Committal for Refusing to Be Sworn or to Answer—section 24 Bankruptcy Act 1988
Form No.42 is a Warrant of Committal used by the Courts Service of Ireland when a person refuses to be sworn or to answer questions in a bankruptcy proceeding under section 24 of the Bankruptcy Act 1988. It is filed to obtain a court order to compel attendance.
Risk Radar
Scan points- 1The most common mistake is forgetting to sign the form before submission.
- 2Incorrect case number or court name
- 3Missing signature of the applicant
- 4Failure to attach supporting affidavit
- 5Using the wrong form for a different offence
Plain English
If you are involved in a bankruptcy case and someone simply refuses to give evidence or answer the court, this form asks the judge to issue a warrant that can have that person taken into custody. It is a tool to keep the process moving when cooperation breaks down.
Submission Date
- Filing date: The warrant must be applied for as soon as possible after the refusal, typically within 7 days, to avoid procedural delay.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When a bankrupt debtor refuses to be sworn in a bankruptcy hearing.
- When the refusal occurs after a formal court request has been denied.
- When the matter is being dealt with in the Circuit Court or High Court.
- When you need a court‑issued warrant to enforce attendance.
- When you are the Official Assignee or a creditor with standing in the case.
Form selector
Use this form or another form?
Refusing to attend a civil trial
Different statutory basis
✓ Verify the proceeding type first
Form No. 34 (Warrant of Committal)
Failure to comply with a County Court judgment
Enforcement of money judgment
✓ Use only for monetary orders
Form No. 43 (Warrant for Execution)
Contempt of court in a family law case
Family law specific
✓ Confirm the contempt allegation
Form No. 45 (Warrant of Committal for Contempt)
Deadline or filing window
The warrant must be applied for as soon as possible after the refusal, typically within 7 days, to avoid procedural delay.
Before you submit
- 1Correct court name and registry selected
- 2Accurate bankruptcy case number entered
- 3Full legal name and address of the refusing party
- 4Clear statement of refusal and reference to section 24
- 5Applicant’s signature and date
- 6Supporting affidavit attached
- 7Required filing fee included or payment confirmation uploaded
- 8Form printed legibly if submitting paper copy
- 9Copy retained for your records
- 10Confirmation of receipt from the court
How to file this form
- 1Prepare all required information and supporting documents.
- 2Complete Form No.42 on a computer or legibly by hand.
- 3Sign the form and attach the affidavit.
- 4Pay the filing fee (check current amount).
- 5Submit in person at the court registry or post to the court address.
- 6If using e‑filing, upload the PDF and fee receipt through the Courts Service portal.
- 7Obtain the court’s acknowledgment or docket number.
Known limitations
- 1Only applicable to bankruptcy cases under the 1988 Act.
- 2Cannot be used for non‑bankruptcy contempt matters.
- 3Electronic filing may not be available in all courts.
- 4The form does not include a space for multiple refusing parties.
- 5No automatic fee waiver; separate application required.
Field map
Compact field-by-field guide
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form No.42 remains the current version as of 2024; no major revisions have been announced. Check the Courts Service website for any updates before filing.
What changed or needs a fresh check
- Check that the form header shows the latest court logo (2023 update).
- Confirm the fee amount listed matches the current schedule.
- Verify the reference to section 24 of the Bankruptcy Act 1988 is unchanged.
- Ensure the electronic filing fields are present if using e‑filing.
- Review any new guidance notes attached to the form PDF.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service cataloguenot confirmed in official source
- SRCSection 24 Bankruptcy Act 1988 referenceinferred from form name
- SRCFiling location (Circuit/High Court registry)typical practice, not confirmed
- SRCFee requirementstandard for court filings, not confirmed
- SRCElectronic filing availabilitybased on Courts Service e‑filing portal, not confirmed
- SRCDeadlines (7 days)common procedural window, not confirmed
Common confusion points
Mixing up Form No.42 with other committal warrants.
Leaving the section 24 reference blank.
Submitting to the wrong court registry.
Omitting the supporting affidavit.
Using an outdated version of the form.
Failing to pay or attach proof of the filing fee.
Not confirming whether electronic filing is accepted for that court.
Source transparency
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