Scott Schedule with no evidence?

[FrancisBean]

Hello. I am hoping someone with Family Law experience may be able to help me.

I am self-representing in a CAO case. My abusive ex made the original application.

At the initial hearing it was ordered that I should submit a Scott Schedule pertaining to my allegations of abuse.

Every reference to and example of a Scott Schedule that I have found online states that the schedule should be brief, setting out only the dates and the nature of the allegations (I.e. no actual details are to be included in the table). There is a ‘reference’ column, where I should reference my statement and any evidence. I have done this and filed the Scott Schedule along with a statement and attached evidence.

My ex’s lawyer has replied saying they recognise the Scott Schedule, but that the statement and evidence was not part of the Order, and has asked the court to take a view on whether my filings are admissible or not.

Is it possible that a court would want to see literally a brief table of allegations containing dates and nature of allegations, with no supporting evidence whatsoever? And if so, what would be the point? Surely then a person could write whatever they wanted in the schedule if no evidence is required?

Even the CAFCASS C1A form permits ‘supporting evidence’ to be submitted with the form, so why would the evidence be inadmissible to the court?

I’m really confused and anxious now that all my evidence will be disregarded.

Thank you.

When I filed my Scott schedule, I also sent my statement with supporting evidence. This is what was set out in the order. My ex was supposed to respond 3 weeks later but it took him over 3 months to do so with no repercussions!

It is possible that what the judge had in mind was that you start by exchanging Schedules, then you both prepare your evidence later. This is another way of doing it.

It is highly unlikely that the court will disregard your evidence even if it turns out that you have submitted it too soon.

I've only ever known Scott Schedules to be ordered after witness statements have been exchanged, and the court then wants to narrow down what evidence it hears so asks you to set out the main allegations you're making in the schedule.

Thank you both for your responses.

The order just said that I was to submit a Scott Schedule. Not a Scott Schedule and Statement and Evidence. But from my own research online, I thought that the statement and evidence were part and parcel of the Scott Schedule, so it wouldn’t be necessary to explicitly ask for them.

After having thought about it some more, I think even if they disregard the statement and evidence specifically for the next hearing, it’s got to be included at some point so worst case is I’ve just submitted it too soon.

It just seems silly to ask for the schedule alone when surely it has to be supported by evidence at some point.

I don’t know. Self representing is so intimidating

Thank you @collaborate. We haven’t made any official ‘statements’ as such. I spoke in court, his lawyer spoke in court, but what was actually said was not recorded in detail (not that I’ve seen anyway). All I’ve seen is a brief order saying that the original hearing took place, and a Scott Schedule should be submitted prior to the next hearing. That’s it.

The court wants the SS so that it can determine from the allegations made whether it wants to list it for a fact finding hearing and will then direct you to file your witness statement and evidence.

It's not unusual for things to be done this way when it's not clear whether a fact finding hearing is necessary or not.

Thank you @JustAnotherLawyer.