Witness evidence in family proceedings
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Witness evidence in family proceedings

The following Family practice note Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Witness evidence in family proceedings
  • General approach
  • Format of a witness statement or affidavit
  • Witness unable to read or sign witness statement or affidavit
  • Filing and service
  • Witness summons
  • Interim hearings
  • Final hearings
  • Evidence by deposition
  • Notice to admit facts
  • More...

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

In contested proceedings it will very often be the case that the court will hear evidence from witnesses. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 22 applies to witness evidence in family proceedings. An affidavit is the testimony of the person who swears it. A witness statement is the equivalent of the oral evidence the maker would give if called to give evidence.

FPR 2010 generally requires a witness statement verified by a statement of truth, as opposed to an affidavit, however where the court of its own initiative, or following an application or a

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