Hi, if my experience is anything to go by, the Judge will not take it well if you try to question his or her decision about striking questions from the questionnaire. If he or she deems them 'oppressive' or unsuitable for this stage of proceedings then that's that, I'm afraid.
Not what you wanted to hear, I guess.
However, if matters proceed to a final hearing then of course you may be able to ask those questions in cross-examination.
Well STBX solicitor came to see me to remove items from my question which I held my own with him explaining the reasons why I wanted them.
In court he changed tactic and said that the bank accounts that required statements for was his partners and the judge just said that as they weren't his she could not order them. and the pensions he had that he says he has consolidated He started to say the cost of getting this information would be disproportionate.
What I don't understand why has he got to re write my questionnaire and the order from the court, and also at the end he asked the judge would she order cost for today. What is that all about?
The statement of issues were not addressed is this normal at this stage.
Appreciate any comments if you know what it means.
A questionnaire is a 'pleading' or a document used in proceedings. The questionnaires that the parties submit are in draft and are subject to amendment by the judge. If the judge orders amendments, the parties have to file a further version with the amendments. It is the amended questionnaire that remains to be answered.
Costs of today is another term for costs in the application. This is mostly academic in matrimonial proceedings as the parties usually bear their own costs. Is your spouse legally aided by any chance? If not, perhaps the solicitor carries out legal aid work in which case, for technical reasons, you need the court to confirm that the costs of the hearing are costs in the application in order to permit the legal aid fund to pay costs to the solicitor.
The statement of issues can effect the course of proceedings and the FDA hearing is the time to deal with such issues. However, if the judge did not feel that the issues warranted any special directions, s/he may have decided this prior to you entering the judge's room.