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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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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Witness needed for written evidence | Part I – Evidence: No. 1 Affidavit | Affidavits are less formal and do not require court appearance | Use only if oral testimony is not essential |
| Subpoena for documents only | Part I – Evidence: No. 3 Subpoena Duces Tecum | Targets production of documents, not testimony | Choose if you only need records |
| Witness outside Ireland | International Letter of Request | Different jurisdiction and service rules | Verify treaty requirements before proceeding |
The subpoena must be served on the witness at least 7 days before the scheduled hearing, unless the court orders a shorter period.
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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
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Part I - Evidence: No. 2 Subpoena Ad Testificandum - The High Court
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6 things to watch for
Mixing up Subpoena Ad Testificandum with Subpoena Duces Tecum.
Leaving the judge’s signature blank or using an unofficial stamp.
Serving the subpoena after the hearing date has been set.
Using an outdated form version that lacks current signature blocks.
Incorrectly stating the subject matter, leading to a vague subpoena.
Failing to keep a copy for proof of service.
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