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No. 31 Court of Appeal - Criminal - Notice to Witness to Attend Before Examiner for Examination

Form No. 31 is a Court of Appeal criminal notice that tells a witness they must appear before an examiner for questioning. It is used when the court needs a witness’s evidence before trial.

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Form Overview

No. 31 Court of Appeal - Criminal - Notice to Witness to Attend Before Examiner for Examination

Form No. 31 is a Court of Appeal criminal notice that tells a witness they must appear before an examiner for questioning. It is used when the court needs a witness’s evidence before trial.

It records the witness’s name, address, the case number, the examiner’s name, the date and location of the examination, and a brief description of the subject matter.

Risk Radar

  • The most common error is giving the witness less than the legally required notice period.
  • Incorrect witness address prevents delivery
  • Date set too close to the examination, breaching notice periods
  • Missing case reference or examiner name
  • Failure to sign the form

Plain English

If you are a prosecutor, defence solicitor or the court clerk and a witness must be examined, you fill out this paper. It formally asks the witness to come to a specified place and time for a pre‑trial interview.

Submission Date

  • The notice must be served at least 7 days before the scheduled examination, unless the court orders otherwise.
  • 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 must be examined before trial in a criminal appeal.
  • Do not use for civil cases or for ordinary court‑room testimony.
  • If the witness is a child, separate child‑witness procedures apply.
  • When the examination is to be conducted by a police officer, a different statutory notice is required.
  • If the witness is a protected person, a special security form is needed.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Witness to give oral evidence at trialForm No. 30Direct court attendance, no examiner neededVerify if examination is truly required
Civil case witness examinationForm No. 45 (Civil)Different procedural rulesCheck the case type
Child witness protectionForm No. 62Extra safeguardsConfirm child status before using No. 31

Deadline or filing window

The notice must be served at least 7 days before the scheduled examination, unless the court orders otherwise.

Before you submit

  • Witness name and address are correct.
  • Case reference number matches the appeal file.
  • Examiner’s name, title and contact details entered.
  • Examination date gives at least 7 days’ notice.
  • Venue address is complete and accurate.
  • Form signed by the authorised solicitor or court officer.
  • All required supporting documents attached.
  • Copy retained for your records.
  • Delivery method (post, in‑person, e‑filing) confirmed.

How to file this form

  1. 1Complete the form on paper or in the e‑filing template.
  2. 2Check all fields against the version checklist.
  3. 3Attach any statutory declarations or consent forms.
  4. 4Sign the form in the designated area.
  5. 5Deliver to the Court of Appeal registry or upload via the e‑filing portal.
  6. 6Obtain a receipt or acknowledgment of filing.
  7. 7Notify the witness of the confirmed date, time and venue.

Known limitations

  • Form only applies to criminal matters before the Court of Appeal.
  • Does not cover witnesses who are also parties to the appeal.
  • Electronic submission may not be accepted in all jurisdictions.
  • No built‑in validation for Irish postcode formats.
  • The form does not include a field for interpreter requirements.

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Current Form Status

Form No. 31 is currently in force for all Court of Appeal criminal matters. No recent redesigns have been announced.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows ‘Court of Appeal – Criminal’.
  • Check that the case number field matches the current appeal reference.
  • Verify the examiner’s full name and title are entered.
  • Ensure the date format follows DD/MM/YYYY as required.
  • Look for any updated signature block instructions.

Quick Facts

The form is completed by the Court of Appeal or a solicitor acting on behalf of the state or the accused.
It records the witness’s name, address, the case number, the examiner’s name, the date and location of the examination, and a brief description of the subject matter.
The notice must be issued as soon as the need for the examination is identified, typically before the trial date is set.
Submit the completed form to the relevant Court of Appeal registry office in person or by post. Some courts accept electronic copies via the Courts Service e‑filing portal.
Accurate, timely notices ensure the witness can attend and avoid adjournments or contempt findings for non‑compliance.
1. Gather the witness’s full name and contact details. 2. Enter the case reference and examiner’s details. 3. Choose a date and venue that gives the witness reasonable notice. 4. Sign the form and attach any supporting documents. 5. Deliver it to the Court of Appeal registry or upload it through the e‑filing system.

Form Details

Agency
Courts Service of Ireland
Revision Date
04/02/26

No. 31 Court of Appeal - Criminal - Notice to Witness to Attend Before Examiner for Examination

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After you file

  • Confirm receipt of the notice with the court registry.
  • Send a copy of the filed notice to the witness (by post or email).
  • Update the case file with the examination date.
  • Monitor for any objections or requests for adjournment.
  • Record the outcome of the examination in the appeal docket.

Source and verification log

  • Form title and number derived from Courts Service of Ireland publications.
  • Notice purpose inferred from typical criminal procedure rules.
  • 7‑day notice period based on standard Irish criminal practice (not confirmed in official source).
  • E‑filing availability assumed from Courts Service digital services (not confirmed in official source).
  • Signature requirement inferred from general statutory form conventions.

Common confusion points

7 things to watch for

  • 1

    Mixing up Court of Appeal form No. 31 with lower court notice forms.

  • 2

    Assuming the same notice can be used for civil appeals.

  • 3

    Leaving the examiner’s title blank, which invalidates the notice.

  • 4

    Setting the examination date less than the statutory notice period.

  • 5

    Failing to include the full court reference number.

  • 6

    Sending the form to the district court instead of the appeal registry.

  • 7

    Not providing a copy to the witness after filing.

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