Form 24: Warrant for Arrest After Subpoena
Form 24 is the court-issued warrant used when a properly subpoenaed witness fails to attend and the trial judge makes the findings required by Rule 119.
You do not file Form 24 as an ordinary application. A trial judge decides whether to issue it after checking service, travel expenses and whether the witness has relevant evidence.
What Form 24 means
Form 24 is a warrant for arrest after a witness fails to comply with a subpoena in a Provincial Court family case. It is directed to a peace officer. It is not the same as Form 23, which is the subpoena itself, and is not a do-it-yourself application form for a party to sign.
Three conditions the trial judge must consider
Rule 119(1) allows—but does not require—a trial judge to issue the warrant if the judge is satisfied that (1) the subpoena was served on the witness, (2) reasonable travelling expenses were provided, and (3) the witness could offer relevant evidence that should be considered when deciding one or more disputed issues. Missing one of those conditions matters.
What happens if a witness does not attend?
- Confirm the witness truly missed the appearance required by Form 23 and check the service and travel-expense evidence.
- If the witness’s evidence remains important, explain the circumstances to the trial judge and present available evidence of the Rule 119 requirements.
- The trial judge decides whether the statutory conditions are met and whether to issue Form 24. Do not describe an arrest as guaranteed.
- If issued, the warrant is carried out under the court’s authority; a private party cannot execute it.
- If the witness is arrested, Rule 119 requires that they be brought before the issuing trial judge as soon as possible, or another judge if on-time appearance before the issuing judge is not possible.
How long does the warrant last?
Under Rule 119(2), a Form 24 warrant remains in force until the named witness attends court (voluntarily or under the warrant) or the warrant is cancelled. Parties should not assume that an adjourned trial date automatically cancels the warrant.
Release or detention after an arrest
If the judge decides that the witness’s evidence is still needed, Rule 119(4)–(5) permits release using Form 25 with a required new court appearance, or detention in the circumstances authorized by the rule. The outcome depends on judicial direction; Form 24 is not itself a finding of guilt or a criminal sentence.
Worked example
A witness was personally served nine days before trial and given reasonable travel expenses. They do not attend, and their first-hand evidence is important to a disputed event. The trial judge considers those facts and may issue Form 24. The party does not fill in or enforce the warrant on their own.
Common mistakes
Do not label a missing witness “in contempt” automatically or suggest arrest is mandatory. Do not confuse this warrant with Form 32, used in different enforcement contexts. A court-issued warrant is a serious matter; affected people should seek prompt legal advice.
Official sources
- Official prescribed Form 24
- BC Provincial Court Family Rules — Rules 118–119
- Province of BC: Provincial family forms
Targeted review of current Rules and prescribed forms: October 13, 2026. This is not a complete legal review of all exceptions or later amendments.