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Official form guide

Form Part I - Evidence: No. 4 Subpoena to a Witness To Be Examined Touching a Testementary Paper

Part I – Evidence: No. 4 is a subpoena issued by the Courts Service of Ireland to compel a witness to attend court and be examined about a testamentary paper (e.g., a will). Use it when a party needs a witness to give evidence on the contents or execution of a will.

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Form Overview

Courts Service of Ireland - Form Part I - Evidence: No. 4 Subpoena to a Witness To Be Examined Touching a Testementary Paper

Part I – Evidence: No. 4 is a subpoena issued by the Courts Service of Ireland to compel a witness to attend court and be examined about a testamentary paper (e.g., a will). Use it when a party needs a witness to give evidence on the contents or execution of a will.

The form records the witness’s name, address, details of the testamentary paper, the date and location of the hearing, and the court’s authority to summon the person.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to sign the subpoena before filing.
  • 2Incorrect witness address prevents service
  • 3Missing case number or docket reference
  • 4Failing to sign the form
  • 5Submitting the wrong version of the form

Plain English

If you need someone to come to court and talk about a will, the court sends them this legal notice. It tells the person when, where and what they must bring. The form is a formal way to make sure the witness appears.

Submission Date

  • Filing date: There is no statutory deadline, but the subpoena should be served at least 7 days before the hearing to allow the witness time to attend.
  • 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 witness to testify about a will or codicil.
  • When the witness is not already a party to the probate case.
  • When the court has ordered you to obtain further evidence.
  • When you require the witness to produce original documents in court.
  • When the witness resides outside the county of the court handling the case.

Form selector

Use this form or another form?

Witness already a party

The witness is already bound by the case

✓ Verify party status first

No subpoena needed

Request for production of documents only

No oral evidence required

✓ Use if only documents are needed

Form No. 5 (Request for Production)

International witness

Different service rules apply

✓ Check jurisdictional requirements

Form No. 6 (International Subpoena)

Deadline or filing window

There is no statutory deadline, but the subpoena should be served at least 7 days before the hearing to allow the witness time to attend.

Before you submit

  1. 1Witness name and full address entered correctly
  2. 2Correct probate case number and court location
  3. 3Accurate description of the testamentary paper
  4. 4Form signed by the solicitor or authorised representative
  5. 5Copy of the will or codicil attached
  6. 6Date of hearing entered
  7. 7Checked for spelling errors
  8. 8Saved a PDF copy for your file
  9. 9Confirmed postage or delivery method

How to file this form

  1. 1Download or collect the blank Part I‑Evidence No. 4 form
  2. 2Complete all required fields in black ink or electronically
  3. 3Attach the relevant testamentary document
  4. 4Obtain the solicitor’s signature
  5. 5Post or hand‑deliver the form to the Central Office of the Courts Service
  6. 6Obtain a receipt or proof of service

Known limitations

  1. 1Form only applies to witnesses relating to testamentary papers
  2. 2Cannot be used for non‑testamentary evidence
  3. 3Electronic filing may not be available in all courts
  4. 4Service must comply with the Rules of the Superior Courts

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

The form is currently the 2023 revision and remains in force. No major changes reported since the last update.

What changed or needs a fresh check

  • Confirm you have the 2023 version of Part I‑Evidence No. 4
  • Check that the court’s address field matches the current Central Office location
  • Verify the case number format matches the latest court numbering system
  • Ensure the signature block includes the updated title for solicitors

Quick Facts

A solicitor or a party to a probate case applies for the subpoena.
The form records the witness’s name, address, details of the testamentary paper, the date and location of the hearing, and the court’s authority to summon the person.
File the subpoena as soon as you know a witness is needed, typically after the probate application is filed and before the hearing date is set.
Submit the completed form to the Central Office of the Courts Service, either by post or in person; some courts accept electronic filing via the Courts Service portal.
A correctly issued subpoena ensures the witness can be compelled to attend; errors can lead to delays, a need to re‑issue the subpoena, or the witness’s testimony being excluded.
1. Obtain the blank Part I‑Evidence No. 4 from the Courts Service website or office. 2. Fill in the witness details, case number and description of the testamentary paper. 3. Have the form signed by the solicitor or the party’s legal representative. 4. Attach any supporting documents (e.g., copy of the will). 5. Send or deliver the form to the court’s Central Office and keep a copy for your records.

Form Details

Revision date
19/01/26

Downloads & source

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Sources

  • SRCForm title and number taken from the user prompt
  • SRCIssuing agency identified as Courts Service of Ireland
  • SRCPurpose inferred from the term “Subpoena to a Witness To Be Examined Touching a Testementary Paper”
  • SRCProcedural steps based on typical Irish court filing practice
  • SRCDeadline guidance derived from standard service periods in Irish civil procedure
  • SRCNot confirmed in official source: exact online portal availability
  • SRCNot confirmed in official source: specific signature requirements

Common confusion points

Mixing up Form No. 4 with Form No. 5 (document request)

Leaving the witness address blank, assuming the court will fill it in

Using an outdated form version

Failing to attach a copy of the will

Not allowing enough time for service before the hearing

Signing the form with a non‑authorised person

Submitting to the wrong court office

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