Part IVChildren (Northern Ireland) Order 1995

Documentary evidence4.18

1

Subject to paragraphs (4) and (5), in proceedings to which this Part applies a party shall file and serve on the parties, any welfare officer and any guardian ad litem of whose appointment he has been given notice under rule 4.11(5)—

a

written statements of the substance of the oral evidence which the party intends to adduce at a hearing of, or a directions appointment in, those proceedings, which shall—

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—

a

the initials and surname of the person making the statement,

b

the number of the statement in relation to the maker,

c

the date on which the statement was made, and

d

the party on whose behalf it is filed; and

b

copies of any documents, including experts' reports, upon which the party intends to rely at a hearing of, or a directions appointment in, those proceedings,

at or by such time as the court directs or, in the absence of a direction, before the hearing or appointment.

2

A party may, subject to any direction of the court about the timing of statements under this rule, file and serve on the parties a statement which is supplementary to a statement served under paragraph (1).

3

At a hearing or a directions appointment a party may not, without the leave of the court—

a

adduce evidence, or

b

seek to rely on a document,

in respect of which he has failed to comply with the requirements of paragraph (1).

4

In proceedings for an Article 8 order a party shall—

a

neither file nor serve any document other than as required or authorised by these rules, and

b

in completing a form prescribed by these rules, neither give information, nor make a statement, which is not required or authorised by that form,

without the leave of the court.

5

In proceedings for an Article 8 order no statement or copy may be filed under paragraph (1) until such time as the court directs.