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Form 21.2 – Information - Witness Evading Service Of Summons

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 Overview

Form 21.2 – Information - Witness Evading Service Of Summons

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.

The form captures details about the witness, the summons being served, dates and locations of attempted service, and specific reasons why service was not successful due to the witness's evasion.

Risk Radar

  • Most people submit this form without providing enough evidence that the witness was actively avoiding service.
  • Incomplete documentation of service attempts
  • Missing witness contact information
  • Insufficient proof of active evasion
  • Incorrect court reference number

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

  • 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.
  • 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

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What this form is for

  • Use when a witness is actively avoiding being served with a summons
  • Use after multiple reasonable attempts to serve the witness have failed
  • Use when you need to document the witness's evasion for court records
  • Use when you want the court to proceed without the witness's direct presence
  • Do not use if the witness has simply not been located yet
  • Do not use for initial service attempts - only after evasion is established

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witness temporarily unavailableAdjournment requestThe court may allow more time if the witness is genuinely unavailableCheck if the witness has a valid reason for being unavailable
Witness cannot be located at known addressForm 21.1 - Affidavit of Diligent SearchDifferent form for when location is unknown, not evasionVerify all known addresses and contacts before using Form 21.2
Witness refusing to accept documentsForm 12 - Affidavit of ServiceSpecific form for refusals rather than evasionDocument the refusal clearly if it happens
Multiple witnesses involvedSeparate Form 21.2 for each evading witnessEach witness requires their own documentationPrepare individual forms for each witness who is evading service

Deadline or filing window

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.

Before you submit

  • Complete all sections of the form with accurate information
  • Include detailed records of at least three service attempts
  • Attach supporting evidence of evasion attempts
  • Verify the court case number is correct
  • Ensure all witness details are complete and accurate
  • Check that the form is signed and dated properly
  • Make a copy of the completed form before submission

How to file this form

  1. 1Obtain the correct Form 21.2 from the Courts Service website or court office
  2. 2Fill in all sections about the witness and the summons
  3. 3Document each attempt to serve the witness with specific details
  4. 4Gather supporting evidence of the evasion attempts
  5. 5Complete any required statutory declarations
  6. 6Submit the form to the relevant court office
  7. 7Keep a copy for your records and follow up with the court if needed

Known limitations

  • This form does not replace the requirement to make reasonable attempts to serve the witness
  • The court may still require additional evidence before proceeding without the witness
  • Using this form does not guarantee the case will proceed without the witness
  • The form may not be accepted if service procedures were not properly followed
  • Courts may require additional documentation depending on the case complexity

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Current Form Status

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

What changed or needs a fresh check

  • Check that the form number matches Form 21.2 from the Courts Service
  • Verify the form includes current court procedures and requirements
  • Ensure all witness information sections are complete and up-to-date
  • Confirm the form includes all required statutory declarations
  • Check if any recent changes to court rules affect this form

Quick Facts

This form is typically completed by the person or agency responsible for serving the summons, such as a process server, court officer, or legal representative.
The form captures details about the witness, the summons being served, dates and locations of attempted service, and specific reasons why service was not successful due to the witness's evasion.
Submit this form after you have made multiple reasonable attempts to serve the summons and have evidence that the witness is deliberately avoiding service.
Submit this form to the court office handling your case, either in person, by post, or through the Courts Service online portal if available for your specific court.
Submitting this form correctly provides the court with documented evidence that proper procedures were followed to notify the witness, allowing your case to proceed without their direct presence.
First, fill in all sections about the witness and the summons details. Then document each attempt to serve them with specific dates, times, locations, and why service wasn't successful. Finally, submit the completed form to the court with any supporting evidence of your attempts.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

Form 21.2 – Information - Witness Evading Service Of Summons

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After you file

  • Keep a copy of the submitted form and any supporting documents
  • Follow up with the court to confirm receipt and processing
  • Check if the court requires any additional information or documentation
  • Monitor court proceedings for any decisions related to the witness's absence
  • Be prepared to attend court if required to give evidence about the service attempts

Source and verification log

  • Form number confirmed as Form 21.2 from Courts Service of Ireland
  • Purpose inferred from form name and issuing agency
  • Submission process based on standard Irish court procedures
  • Specific requirements not confirmed in official source
  • Form version details not confirmed in official source
  • Current form status not confirmed in official source

Common confusion points

7 things to watch for

  • 1

    Confusing this form with Form 21.1 which is for when a witness cannot be located

  • 2

    Not realizing this form should only be used after establishing active evasion

  • 3

    Failing to include enough detail about each service attempt

  • 4

    Not providing sufficient evidence that the witness was aware of the summons

  • 5

    Using an outdated version of the form

  • 6

    Not understanding that this form doesn't automatically allow the case to proceed

  • 7

    Mixing up the requirements for different types of witness service issues

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