The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Documentary evidence

7.—(1) A party must file, at or by such time as the justices’ clerk or the court directs or, in the absence of a direction, before the hearing or directions appointment—

(a) written statements of the substance of the oral evidence which the party intends to adduce at a hearing or directions appointment, which must—

(i) be dated;

(ii) be signed by the person making the statement;

(iii) contain a declaration that the maker of the statement believes it to be true and understands that it may be placed before the court; and

(iv) show in the top right-hand corner of the first page—

(aa) the initials and surname of the person making the statement;

(bb) the number of the statement in relation to the maker;

(cc) the date on which the statement was made; and

(dd) the party on whose behalf it is filed; and

(b) copies of any documents on which the party intends to rely at a hearing or a directions appointment.

(2) Subject to any direction of the justices’ clerk or the court about the timing of statements under this paragraph, a party may file a statement which is supplementary to a statement filed under sub-paragraph (1).

(3) Where a non-resident party files a statement or document under this paragraph, that party must also file a copy of it for service on the resident party and, on receipt of that copy, the designated officer must serve it on the resident party.

(4) At a hearing or directions appointment a party may not without the permission of the justices’ clerk (in the case of a directions appointment) or the court—

(a) adduce evidence; or

(b) seek to rely on a document,

in respect of which the party has failed to comply with the requirements of sub-paragraph (1) and, where applicable, sub-paragraph (3).