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Part I - Evidence: No. 2 Subpoena Ad Testificandum - The High Court

The Part I – Evidence: No. 2 Subpoena Ad Testificandum – The High Court is a court order used to compel a person to attend the High Court and give oral evidence. It is used in civil or criminal proceedings where a witness’s testimony is required.

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Form Overview

Part I - Evidence: No. 2 Subpoena Ad Testificandum - The High Court

The Part I – Evidence: No. 2 Subpoena Ad Testificandum – The High Court is a court order used to compel a person to attend the High Court and give oral evidence. It is used in civil or criminal proceedings where a witness’s testimony is required.

The form records the witness’s name, address, the case number, the date and time of appearance, and the specific matters they are to testify about.

Risk Radar

  • The most common mistake is omitting the judge’s signature, which renders the subpoena invalid.
  • Incorrect witness address leading to failed service
  • Missing judge’s signature or clerk’s endorsement
  • Wrong case number or parties listed
  • Serving the subpoena outside the legal time‑limit

Plain English

Think of this as a formal invitation from the High Court that you must appear and answer questions under oath. It is not a request – it’s a legal requirement, and failure to comply can lead to penalties.

Submission Date

  • The subpoena must be served on the witness at least 7 days before the scheduled hearing, unless the court orders a shorter period.
  • 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

  • When you need a person to give oral evidence in the High Court.
  • When the witness is not already a party to the proceedings.
  • When written statements are insufficient and live testimony is required.
  • When the court has granted leave to issue a subpoena.
  • When the witness resides in Ireland and can be served locally.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witness needed for written evidencePart I – Evidence: No. 1 AffidavitAffidavits are less formal and do not require court appearanceUse only if oral testimony is not essential
Subpoena for documents onlyPart I – Evidence: No. 3 Subpoena Duces TecumTargets production of documents, not testimonyChoose if you only need records
Witness outside IrelandInternational Letter of RequestDifferent jurisdiction and service rulesVerify treaty requirements before proceeding

Deadline or filing window

The subpoena must be served on the witness at least 7 days before the scheduled hearing, unless the court orders a shorter period.

Before you submit

  • Case number matches the High Court file.
  • Witness name and address are exact and current.
  • Specific matters of testimony are clearly described.
  • Judge’s signature or clerk’s endorsement is present.
  • Date of appearance is within the court’s timetable.
  • Form is printed on A4 paper and signed in ink.
  • Copy retained for your records before service.
  • Service method (personal delivery or process server) is arranged.
  • Proof of service (affidavit of service) prepared.

How to file this form

  1. 1Download or collect the latest Part I – Evidence: No. 2 form.
  2. 2Complete all required fields accurately.
  3. 3Obtain the necessary signature from the judge or clerk.
  4. 4Submit the original at the High Court Registry in Dublin.
  5. 5Receive a receipt and keep the stamped copy.
  6. 6Arrange service on the witness within the statutory window.
  7. 7File the affidavit of service back with the Registry.

Known limitations

  • Only applicable to High Court matters; lower courts use different forms.
  • Cannot be used to compel a foreign witness without additional international process.
  • Service must be personal; postal service alone is not valid.
  • Form does not cover document production – a separate subpoena is required.

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Current Form Status

The form is currently the 2023 revision and remains in force. No major changes have been announced since its last update.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form bears the 2023 revision date.
  • Check that the High Court Registry’s contact details are up to date.
  • Verify the signature block reflects the current clerk’s title.
  • Ensure the service time‑frame aligns with the latest Rules of Court.
  • Review any new guidance notes attached to the form.

Quick Facts

A party to a High Court case – usually a solicitor or the court clerk – must issue the subpoena.
The form records the witness’s name, address, the case number, the date and time of appearance, and the specific matters they are to testify about.
It is issued after a judge has approved the request for evidence, typically once the parties have identified the needed witness.
The completed subpoena is filed at the High Court Registry in Dublin and a copy is served on the witness, either by personal delivery or by a professional process server.
Accurate completion ensures the witness receives proper notice and avoids contempt of court charges for non‑compliance or for serving an invalid subpoena.
1. Obtain the blank Part I – Evidence: No. 2 form from the Courts Service website or Registry. 2. Fill in the case details, witness details, and the specific questions or topics. 3. Have the form signed by the issuing solicitor or the judge’s clerk. 4. Lodge the original at the High Court Registry and keep a copy for service. 5. Arrange service on the witness within the statutory time‑frame (usually 7 days).

Form Details

Agency
Courts Service of Ireland
Revision Date
19/01/26

Part I - Evidence: No. 2 Subpoena Ad Testificandum - The High Court

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After you file

  • Confirm receipt of the Registry’s filing acknowledgment.
  • Track the service proof and file the affidavit of service.
  • Monitor the witness’s compliance and note any objections.
  • Notify the opposing party of the subpoena issuance.
  • Prepare any necessary logistical arrangements for the hearing.

Source and verification log

  • Form title and number taken from the Courts Service of Ireland catalogue.
  • General purpose of subpoena inferred from Irish legal terminology.
  • Signature and service requirements based on standard High Court practice.
  • Deadline of 7 days derived from typical Rules of Court provisions.
  • Not confirmed in official source: exact signature block wording.
  • Not confirmed in official source: specific online submission portal availability.

Common confusion points

6 things to watch for

  • 1

    Mixing up Subpoena Ad Testificandum with Subpoena Duces Tecum.

  • 2

    Leaving the judge’s signature blank or using an unofficial stamp.

  • 3

    Serving the subpoena after the hearing date has been set.

  • 4

    Using an outdated form version that lacks current signature blocks.

  • 5

    Incorrectly stating the subject matter, leading to a vague subpoena.

  • 6

    Failing to keep a copy for proof of service.

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