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  • CL2023
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29 Dec 23 #522201 by CL2023
Topic started by CL2023
We have a final hearing coming up soon.

We have been given a low page limit for our final witness statements on which we wish to rely which includes exhibits.

The Judge said that we may take documents into the court for use during the cross examination.

Do these get taken with us on the day?

The only other thing we have been asked to file is a position statement 48hrs before the hearing.

Can anyone explain about the documents for use during cross examination ?

Thank You.

  • hadenoughnow
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30 Dec 23 #522204 by hadenoughnow
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How low is low? I imagine this is an attempt by the judge to narrow the issues. It is really important to focus only on things that are going to be considered relevant to settlement. If this is a needs case, that is needs for housing and income, now and in the future. Things like contributions, conduct etc are only considered if there's more than enough to meet needs.
Are both parties LIP? Even if they are you should endeavour between you to produce a working bundle to help the judge. This can include documents you want to refer to in cross examination. They should be served on the other side before being included in any bundle.
The s25 statement should be simple and factual with some context. There's a template in the library. The position statement is more of a statement of case with a persuasive argument in favour of your position.

Hadenoughnow

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30 Dec 23 #522206 by CL2023
Reply from CL2023
Thank you for your reply.

Our s25 statements were filed over 2 years ago and we are not producing any other bundles to go court. We have been given a very strict outline of topics to cover in the statement.

We are both LIP but the is no cooperation from the other side. This is the 3rd final hearing and 15th hearing altogether.

I just need to understand where my additional documents go if I am needing to reference them in my cross examination. Most have been provided at previous hearings so I guess I am at liberty to use those as the court already has copies ?

For example if the other party has submitted falsified documents to the courts during the hearings and I wish to challenge them during my cross examination. When and where do I show the correct documents. ?

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30 Dec 23 #522208 by hadenoughnow
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Hmm. In the absence of a clear instruction to the contrary I would attach them to your statement as exhibits. If they have appeared elsewhere in the proceedings you are not ambushing the other side by producing new documents.
My inclination would still be to provide a bundle of key documents for the judge including ES1 and ES2.

Hadenoughnow

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