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Form 21.4 –  Warrant For Arrest Of Witness (Non-Appearance On Summons)

Form 21.4 is a legal document used to request a warrant for the arrest of a witness who has failed to appear in court after being properly summoned. This form is used when a witness ignores or refuses to comply with a court summons to give evidence.

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Form Overview

Form 21.4 –  Warrant For Arrest Of Witness (Non-Appearance On Summons)

Form 21.4 is a legal document used to request a warrant for the arrest of a witness who has failed to appear in court after being properly summoned. This form is used when a witness ignores or refuses to comply with a court summons to give evidence.

The form captures details about the witness, the case they were summoned for, the date they failed to appear, and requests the court to issue a warrant for their arrest.

Risk Radar

  • Never file this form without first confirming the witness was properly served with the original summons.
  • Filing without confirming proper service of summons
  • Incorrect witness details leading to wrong person being arrested
  • Delay in filing after witness non-appears
  • Misunderstanding the legal requirements for issuing a warrant

Plain English

This form helps the court issue an arrest warrant for a witness who was supposed to show up for a legal case but didn't. It's a serious step taken when someone who was legally required to testify doesn't show up without a valid reason.

Submission Date

  • There is no strict deadline, but this form should be filed promptly after a witness fails to appear to avoid delays in your case proceedings.
  • 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 fails to appear after being properly summoned
  • Use when you need to compel a witness to attend court
  • Use only when other methods to secure attendance have failed
  • Do not use for witnesses who have legitimate reasons for absence
  • Use when the witness's testimony is material to the case

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witness refuses to attend voluntarilyForm 21.4Ensures witness can be compelled to attendConfirm witness was properly served with summons
Witness is abroad and cannot attendApplication for evidence by commissionAllows evidence to be taken abroadCheck if evidence can be taken instead of witness attendance
Witness is ill or has valid excuseAdjournment applicationReschedules rather than compels attendanceObtain medical evidence if claiming illness
Police need to locate witnessForm 10.1 - Summons to witnessStandard witness summonsEnsure witness details are current and accurate

Deadline or filing window

There is no strict deadline, but this form should be filed promptly after a witness fails to appear to avoid delays in your case proceedings.

Before you submit

  • Confirm witness was properly served with summons
  • Verify correct court and case details
  • Include full and accurate witness information
  • Attach evidence of the witness's non-appearance
  • Check if any supporting affidavits are required
  • Verify current filing fees
  • Confirm submission location and procedures

How to file this form

  1. 1Obtain the official Form 21.4 from the Courts Service website or court office
  2. 2Complete all sections with accurate witness and case information
  3. 3Prepare supporting evidence of the witness's non-appearance
  4. 4Submit the completed form to the relevant court office
  5. 5Pay any required filing fees
  6. 6Obtain a copy of the filed form for your records
  7. 7Follow up with the court on the warrant status

Known limitations

  • This form cannot be used if the witness was not properly served with the original summons
  • The court may refuse to issue a warrant if there are legitimate reasons for the absence
  • This form only applies to witnesses, not to parties to the case
  • Arrest warrants are typically a last resort after other methods have failed

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Current Form Status

This form is actively used in Irish courts as of the latest information available, though specific procedural requirements may vary by court type.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if any recent changes to warrant procedures in your court
  • Verify current fees associated with filing this warrant application
  • Confirm if electronic filing is now accepted for this form
  • Check if additional documentation is now required
  • Verify if specific forms of identification are now required for the warrant

Quick Facts

This form is typically filed by the legal representative or solicitor acting in a court case where a witness has failed to appear.
The form captures details about the witness, the case they were summoned for, the date they failed to appear, and requests the court to issue a warrant for their arrest.
Submit this form as soon as possible after a witness fails to appear at court, but only after confirming they were properly served with the summons.
Submit this form to the relevant court office where the case is being heard, either in person or through legal representation.
Submitting correctly ensures the court can compel the witness to attend, which may be crucial for the fair administration of justice in your case.
Complete the form with all required witness and case details, verify the witness was properly served with the original summons, attach any evidence of non-appearace, and submit to the court office handling your case.

Form Details

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

Form 21.4 –  Warrant For Arrest Of Witness (Non-Appearance On Summons)

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After you file

  • Keep track of court dates related to the warrant application
  • Prepare for potential court hearing on the warrant application
  • Monitor for any updates from the court regarding the warrant status
  • Arrange for legal representation if the warrant is contested
  • Prepare for the witness's potential appearance once arrested

Source and verification log

  • Form issued by Courts Service of Ireland
  • Used for witness non-appearance after summons
  • Requires proper service of original summons
  • Filed by legal representatives in court cases
  • Not confirmed in official source: Current filing procedures
  • Not confirmed in official source: Specific requirements for each court type
  • Not confirmed in official source: Recent changes to form requirements

Common confusion points

6 things to watch for

  • 1

    Confusing this form with a standard witness summons

  • 2

    Assuming this can be filed without first serving the original summons

  • 3

    Not understanding that this is a serious legal step with potential criminal implications

  • 4

    Misidentifying the witness or case details

  • 5

    Assuming automatic approval of the warrant application

  • 6

    Not realizing the witness may have legitimate grounds to challenge the warrant

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