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Peace Commissioners are primarily used to issue summons and search warrants to the Gardaí (although their constitutionality has been challenged), witness signatures on documents, take statutory declarations and sign certificates and orders. However, they cannot sign and authenticate affidavits.
The federal summons is usually issued by the clerk of the court. In many states, the summons may be issued by an attorney, but some states use filing as the means to commence an action and in those states, the attorney must first file the summons in duplicate before it becomes effective.
In the absence of such verification being possible, the practice was changed to remove the risk of fraudulent activity and maintain the integrity of the process." In general, Peace commissioners may sign statutory declarations, and may rarely issue summons and search warrants to the Garda Síochána (Irish police). [38]
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Failure to attend at court despite a summons requiring attendance. In respect of the High Court, historically a writ of latitat would have been issued, but now a bench warrant is issued, authorizing the tipstaff to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit.
A bench warrant is a summons issued from "the bench" (a judge or court) directing the police to arrest someone who must be brought before a specific judge [20] either for contempt of court or for failing to appear in court as required. Unlike a basic arrest warrant, a bench warrant is not issued to initiate a criminal action. [21]