Evidence and disclosure

Witness evidence in family proceedings

In contested proceedings the court will often hear evidence from witnesses. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pts 17, 22 and 24 apply 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.

The general rule is that any fact that needs to be proved by the evidence of witnesses is to be proved:

1. •

   at a final hearing—by oral evidence

2. •

   at any other hearing—by evidence in writing

The general rule does not apply to proceedings under FPR 2010, SI 2010/2955, Pt 12 for a secure accommodation order, or an interim care or supervision order, or where the court orders otherwise, or where FPR 2010 or any other enactment provides otherwise (for example, section 45(7) of the Children Act 1989 (ChA 1989), which makes provision as to evidence on an application for an emergency protection order).

The court is entitled to limit cross-examination in furtherance of the overriding