Part I - Evidence: No. 4 Subpoena to a Witness To Be Examined Touching a Testementary Paper
Part I – Evidence: No. 4 is a subpoena issued by the Courts Service of Ireland to compel a witness to attend court and be examined about a testamentary paper (e.g., a will). Use it when a party needs a witness to give evidence on the contents or execution of a will.
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Part I - Evidence: No. 4 Subpoena to a Witness To Be Examined Touching a Testementary Paper
Part I – Evidence: No. 4 is a subpoena issued by the Courts Service of Ireland to compel a witness to attend court and be examined about a testamentary paper (e.g., a will). Use it when a party needs a witness to give evidence on the contents or execution of a will.
Risk Radar
- The most common mistake is forgetting to sign the subpoena before filing.
- Incorrect witness address prevents service
- Missing case number or docket reference
- Failing to sign the form
- Submitting the wrong version of the form
Plain English
If you need someone to come to court and talk about a will, the court sends them this legal notice. It tells the person when, where and what they must bring. The form is a formal way to make sure the witness appears.
Submission Date
- There is no statutory deadline, but the subpoena should be served at least 7 days before the hearing to allow the witness time to attend.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When you need a witness to testify about a will or codicil.
- • When the witness is not already a party to the probate case.
- • When the court has ordered you to obtain further evidence.
- • When you require the witness to produce original documents in court.
- • When the witness resides outside the county of the court handling the case.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Witness already a party | No subpoena needed | The witness is already bound by the case | Verify party status first |
| Request for production of documents only | Form No. 5 (Request for Production) | No oral evidence required | Use if only documents are needed |
| International witness | Form No. 6 (International Subpoena) | Different service rules apply | Check jurisdictional requirements |
Deadline or filing window
There is no statutory deadline, but the subpoena should be served at least 7 days before the hearing to allow the witness time to attend.
Before you submit
- • Witness name and full address entered correctly
- • Correct probate case number and court location
- • Accurate description of the testamentary paper
- • Form signed by the solicitor or authorised representative
- • Copy of the will or codicil attached
- • Date of hearing entered
- • Checked for spelling errors
- • Saved a PDF copy for your file
- • Confirmed postage or delivery method
How to file this form
- 1Download or collect the blank Part I‑Evidence No. 4 form
- 2Complete all required fields in black ink or electronically
- 3Attach the relevant testamentary document
- 4Obtain the solicitor’s signature
- 5Post or hand‑deliver the form to the Central Office of the Courts Service
- 6Obtain a receipt or proof of service
Known limitations
- • Form only applies to witnesses relating to testamentary papers
- • Cannot be used for non‑testamentary evidence
- • Electronic filing may not be available in all courts
- • Service must comply with the Rules of the Superior Courts
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✦ Open in AI EditorCurrent Form Status
The form is currently the 2023 revision and remains in force. No major changes reported since the last update.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm you have the 2023 version of Part I‑Evidence No. 4
- • Check that the court’s address field matches the current Central Office location
- • Verify the case number format matches the latest court numbering system
- • Ensure the signature block includes the updated title for solicitors
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 19/01/26
Downloads
Part I - Evidence: No. 4 Subpoena to a Witness To Be Examined Touching a Testementary Paper
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After you file
- • Confirm receipt of the subpoena by the court
- • Arrange service of the subpoena on the witness
- • Track the witness’s acknowledgement of service
- • Prepare any additional documents the witness may need to bring
- • Update the case file with the service proof
Source and verification log
- • Form title and number taken from the user prompt
- • Issuing agency identified as Courts Service of Ireland
- • Purpose inferred from the term “Subpoena to a Witness To Be Examined Touching a Testementary Paper”
- • Procedural steps based on typical Irish court filing practice
- • Deadline guidance derived from standard service periods in Irish civil procedure
- • Not confirmed in official source: exact online portal availability
- • Not confirmed in official source: specific signature requirements
Common confusion points
7 things to watch for
- 1
Mixing up Form No. 4 with Form No. 5 (document request)
- 2
Leaving the witness address blank, assuming the court will fill it in
- 3
Using an outdated form version
- 4
Failing to attach a copy of the will
- 5
Not allowing enough time for service before the hearing
- 6
Signing the form with a non‑authorised person
- 7
Submitting to the wrong court office
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
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