The Family Procedure (Adoption) Rules 2005

Use of plans, photographs and models as evidence

138.—(1) This rule applies to evidence (such as a plan, photograph or model) which is not—

(a) contained in a witness statement, affidavit or expert’s report; and

(b) to be given orally at the final hearing.

(2) This rule includes documents which may be received in evidence without further proof under section 9 of the Civil Evidence Act 1995(1).

(3) Unless the court orders otherwise the evidence shall not be receivable at the final hearing unless the party intending to put it in evidence has given notice to the court in accordance with this rule and the court will give directions about service of the notice on any other party.

(4) Where the party intends to use the evidence as evidence of any fact then, subject to paragraph (6), he must give notice not later than the latest date for filing witness statements.

(5) He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if—

(a) there are not to be witness statements; or

(b) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.

(6) Where the evidence forms part of expert evidence, he must give notice when the expert’s report is filed.

(7) Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, he must give notice at least 21 days before the hearing at which he proposes to put in the evidence.

(8) Where a party has given notice that he intends to put in the evidence, the court may direct that every other party be given an opportunity to inspect it and to agree to its admission without further proof.

(1)

1995 c. 38. Section 9 of the Civil Evidence Act 1995 provides that documents forming part of the records of a business or public authority, as defined in that section, may be received in evidence without further proof.