I am the Respondent in a financial dispute how do I submit new evidence into the county court proceedings that is already listed for a trial. I have found new financial evidence that the Applicant has failed to disclose in her E forms and to the county court in her statements.I now want to let the Judge and court know I have this evidence so it can be brought into proceedings and also let the applicants solicitor know they have failed to make a full financial disclosure of the Applicants activities.
System of Law: England-and-Wales
Nothing new evidence
Hi there. Thanks for your question, I will help you with this.
If the date for exchange of witness evidence has passed, then you would need the consent of the other parties for this to be intro ducted now. Or, alternatively, you would need to make an application to the Court on Form N244 for permission to use the late evidence. If this late evidence is due to their failure to comply with their disclosure applications and it's relevant to the issues at trial, the Court is likely to allow it to be introduced.
If this is not a new witness statement that you want to serve, and it's just documents to show everybody, then you can just serve them on the other side anyway without needing permission. You only need permission to introduce witness evidence out of time.
IF court bundles have not been agreed is this classed as the date for exchange
No, the date for exchange will be set out in a Court order.
It will say something like "Witness statements of fact to be exchanged by ....."
We are listed for trial on the 19th july and the court order says section 8 two days before the final hearing the applicant shall lodge at the court a bundle which complies with practise direction family division court bundles 2000
Yes, the bundle is a different thing.
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so shall i discose with a n244
If you have documents that ar relevant, you're obliged to disclose them.
but do i need n244 or just disclosure to court and applicant
IF you need to refer to them in evidence to support your claim, then you're likely to need to exhibit them to a witness statement. You need permission to do this after the date for doing so has passed. In this case, you'd need to make an application using form N244 if the other side don't consent.
Does this answer your question?
yes brill thx
where do i get N244 form from is it online
I note that the Final Hearing is a fortnight away.
What is the nature of the new evidence that you have (this is important in deciding how you should go forward)
(an N244 is not used in family courts)
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