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Does this need to be sent now?

(2 Posts)
Littleyellowbowl Mon 19-Oct-20 22:24:42

Helping a friend with family court stuff. I found out some information about the respondent which is very relevant to the case, fact finding hearing is in 6 weeks. Friend has applied to submit this new evidence/addendum statement and has a hearing on Friday.

The respondents solicitor is asking to see the evidence ahead of the hearing.

Does my friend have to send the solicitor the addendum statement or can they wait to bring it up in court at the hearing? Friend doesn't want to give the other side a chance to come up with a story, wants to catch them unaware.

I know I've been vague but any help would be appreciated.

Thank you

OP’s posts: |
prh47bridge Tue 20-Oct-20 00:13:54

Yes, your friend does have to send the statement. Your friend is under a duty of disclosure. The judge will take a very dim view if your friend attempts to ambush the respondent by failing to disclose.

Note that, from what you have described, the hearing on Friday is purely to consider whether your friend can introduce the new evidence. The respondent won't have to come up with their explanation for this evidence on Friday. The first time they will have to explain the evidence is in the fact finding hearing, so they will have plenty of time to prepare.

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