Form 21.2 is used to document information about a witness who is actively avoiding service of a summons in Irish court proceedings. This form helps establish that proper notification attempts have been made when a witness is deliberately evading service.
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Form 21.2 is used to document information about a witness who is actively avoiding service of a summons in Irish court proceedings. This form helps establish that proper notification attempts have been made when a witness is deliberately evading service.
Plain English
When someone needs to testify in an Irish court but keeps dodging official notices, this form helps prove you've tried everything to reach them. It's a way to tell the court 'we did our part but the witness is hiding'.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Witness temporarily unavailable | Adjournment request | The court may allow more time if the witness is genuinely unavailable | Check if the witness has a valid reason for being unavailable |
| Witness cannot be located at known address | Form 21.1 - Affidavit of Diligent Search | Different form for when location is unknown, not evasion | Verify all known addresses and contacts before using Form 21.2 |
| Witness refusing to accept documents | Form 12 - Affidavit of Service | Specific form for refusals rather than evasion | Document the refusal clearly if it happens |
| Multiple witnesses involved | Separate Form 21.2 for each evading witness | Each witness requires their own documentation | Prepare individual forms for each witness who is evading service |
There is no specific deadline for submitting this form, but it should be submitted as soon as you have documented sufficient evidence that the witness is actively evading service to allow the court case to proceed.
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This form is current as of the latest Courts Service update, but always verify the version with your specific court case.
Agency: Courts Service of Ireland
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Form 21.2 – Information - Witness Evading Service Of Summons
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7 things to watch for
Confusing this form with Form 21.1 which is for when a witness cannot be located
Not realizing this form should only be used after establishing active evasion
Failing to include enough detail about each service attempt
Not providing sufficient evidence that the witness was aware of the summons
Using an outdated version of the form
Not understanding that this form doesn't automatically allow the case to proceed
Mixing up the requirements for different types of witness service issues
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