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No. 52  Court of Appeal - Military - Application for Order for Attendance of Witness

Form No. 52 is a Court of Appeal – Military application to request an order for the attendance of a witness. Use it when a party in a military court case needs a court‑issued summons for a witness to appear and give evidence.

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Form Overview

No. 52  Court of Appeal - Military - Application for Order for Attendance of Witness

Form No. 52 is a Court of Appeal – Military application to request an order for the attendance of a witness. Use it when a party in a military court case needs a court‑issued summons for a witness to appear and give evidence.

The form captures the case details, the witness’s name and address, the reason the witness is needed, and the specific attendance order being sought.

Risk Radar

  • The most common mistake is forgetting to attach proof that you tried to secure the witness voluntarily.
  • Incorrect witness address causing the order to be ineffective
  • Missing signature or date
  • Failing to attach supporting evidence of attempts to secure attendance
  • Submitting after the court’s evidence deadline

Plain English

If you are involved in a military appeal and a key witness isn’t showing up voluntarily, this form asks the Court of Appeal to compel them to attend. It’s a formal request that the court issue a legal order for the witness to appear in person or give a statement.

Submission Date

  • There is no fixed statutory deadline, but the application should be filed before the court’s set deadline for submitting evidence, typically a few weeks before the hearing.
  • 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

  • When a witness in a military appeal refuses to attend voluntarily
  • When you need a court‑issued subpoena for a witness to appear in person
  • When the witness is located abroad but can be compelled under military law
  • When the hearing date is approaching and you must secure evidence quickly
  • When other procedural routes (e.g., informal summons) have failed

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard civil caseForm N 1For non‑military civil mattersVerify the case type before using
Criminal trial (non‑military)Form N 2Different jurisdiction and rulesUse the criminal form instead
Family law matterForm N 3Not applicable to military appealsChoose the family‑law specific form

Deadline or filing window

There is no fixed statutory deadline, but the application should be filed before the court’s set deadline for submitting evidence, typically a few weeks before the hearing.

Before you submit

  • All fields completed in block capitals
  • Applicant’s signature and date present
  • Witness full name, rank, and address correct
  • Reason for attendance clearly explained
  • Supporting documents attached
  • Copy of any prior correspondence with the witness included
  • Correct postage paid if posting
  • Reference number of the appeal noted
  • Form version date checked

How to file this form

  1. 1Download the latest Form No. 52 from courts.ie
  2. 2Complete the form on paper or PDF
  3. 3Gather supporting evidence (e.g., letters, emails)
  4. 4Sign and date the form
  5. 5Submit via post, hand‑delivery, or e‑Filing portal
  6. 6Obtain a receipt or acknowledgement from the court
  7. 7Keep a copy for your records

Known limitations

  • Only applicable to military appeals in the Court of Appeal
  • Does not cover witness protection orders
  • Electronic filing may not be available for all users
  • Form does not include a fee schedule; any costs are dealt with separately

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Current Form Status

Form No. 52 is currently the up‑to‑date version for military appeals. No major revisions have been announced in the last 12 months.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the latest revision date
  • Confirm the Court of Appeal Military Division’s address on the form
  • Verify that the e‑Filing option is still offered for this form
  • Ensure any referenced statutory provisions are current

Quick Facts

The applicant – usually a solicitor, defence officer or the State – files the form on behalf of the party needing the witness.
The form captures the case details, the witness’s name and address, the reason the witness is needed, and the specific attendance order being sought.
File the form as soon as you realise a witness will not attend voluntarily, and before any hearing date is set or the court’s deadline for witness evidence expires.
Submit the completed form to the Court of Appeal Military Division office in Dublin, either by post or in person. Some divisions accept electronic filing via the Courts Service’s e‑Filing portal; check the latest guidance.
A correctly filed application speeds up the issuance of a witness order and avoids delays or dismissal of evidence. Errors or late filing can lead to the court refusing the order, which may weaken your case.
1. Download Form No. 52 from the Courts Service website. 2. Fill in all sections legibly; use block capitals and avoid abbreviations. 3. Attach any supporting documents, such as a witness statement or proof of attempts to serve the witness. 4. Sign and date the form. 5. Send it to the Court of Appeal Military Division by post, hand‑delivery, or via the e‑Filing portal if available.

Form Details

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

No. 52  Court of Appeal - Military - Application for Order for Attendance of Witness

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After you file

  • Track the court’s acknowledgment of receipt
  • Monitor for the issuance{ not confirmed in official source } of the attendance order
  • Serve the order on the witness as instructed
  • Inform your solicitor or defence officer of the order’s status
  • Update any case management calendars with new deadlines

Source and verification log

  • Form title and number from user input
  • Issuing agency (Courts Service of Ireland) inferred from form name
  • Purpose (application for order for attendance of witness) inferred from title
  • Procedural steps based on typical Irish court filing practice – not confirmed in official source
  • e‑Filing availability – not confirmed in official source
  • Deadline guidance – generic court practice, not confirmed in official source
  • Risk list derived from common filing errors in{ not confirmed in official source }

Common confusion points

7 things to watch for

  • 1

    Mixing up military versus civil form numbers

  • 2

    Leaving the ‘reason for attendance’ section vague

  • 3

    Using an outdated form version

  • 4

    Failing to include proof of prior contact with the witness

  • 5

    Submitting to the wrong court office

  • 6

    Assuming electronic filing is automatically available

  • 7

    Not checking whether the witness is subject to military jurisdiction

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