Form 21.6 – Warrant To Arrest (Witness Refusing To Attend)

What this form is for

• • Use when a witness has been legally summoned but refuses to attend
• • Use when other methods to secure the witness's attendance have failed
• • Use only when the witness's testimony is crucial to the case
• • Not for use if the witness has a legitimate reason for non-attendance
• • Not for use if the witness hasn't been properly summoned

Use this form or another form?

Deadline or filing window

There's typically no specific deadline for filing this warrant, but it should be submitted as soon as possible after the witness fails to appear to avoid unnecessary delays in the court proceedings.

Before you submit

• • Verify witness was properly summoned
• • Collect witness details (name, address, description)
• • Prepare case reference number
• • Gather documentation showing witness refusal
• • Complete all required sections of the form
• • Obtain necessary court officer or legal representative approval
• • Make a copy for your records before submission

How to file this form

1. 1Obtain the current Form 21.6 from the Courts Service website or court office
2. 2Complete all sections with accurate information about the witness and case
3. 3Attach any supporting documentation regarding the witness's refusal
4. 4Submit the completed form to the appropriate court office
5. 5Keep a copy of the submitted form for your records
6. 6Follow up with the court to confirm the warrant has been issued

Known limitations

• • This form only applies to witnesses who have been properly summoned
• • The warrant may not be issued if the witness has a legitimate excuse
• • The form cannot be used to compel testimony from certain protected relationships
• • Police resources may affect how quickly the warrant is executed
• • The warrant is only valid for a specific period and location