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Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.
Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.
If you are simply ordered to respond to the Scott Schedule then all you have to do is to go through each one and state accepted or denied. You can add a sentence or two of explanation but keep it very short and to the brief. You will have the chance to give a longer explanation in your witness statement.
Your witness statement is a separate document. You will need to set out a header (copy what is at the top of the scott schedule) then type out in numbered paragraphs what you want to say. At the end you need to put the phrase "I believe the contents of this witness statement to be true" and then sign and date underneath.
I hope this assists.
Do you have a copy of the court order?
Are you perhaps being asked to set out questions for cross examination at trial? What is your next hearing and how long it is listed for?
Yes so it sounds like you have been ordered to write questions for cross examination. This because if you are representing yourself then you are not allowed to directly ask questions of the other party. You write the questions you want to be asked of the other party and the judge will ask them for you.
So, just go through their Scott Schedule and their statements and write questions you want to be asked during their evidence. Focus on the parts of the allegations you do not agree with and ask questions which you want answering in order to point out that the person is lying in their evidence.
If the hearing is to determine both your allegations and his allegations and there are 2 Scott schedules then you need to write questions relating to both.
Basically anything you want the father to be asked during his evidence you need to write into written questions as you will not be able to ask him the questions directly.
Usually there is not a limit on the number of questions but if the judge has told you that you are limited to 10 on each allegation then yes.
As a general rule, if you are not sure whether to ask a question or not then put it down. If the judge thinks it is inappropriate then the judge will simply amend/ not answer that question. The judge will be understanding of the fact you are not legally represented.
Double check your court order and see what it says. Like I've said, it would be unusual for the judge to limit how many questions you can write. As lawyers we can ask as many questions as we like so it would be unfair to limit you without good reason.
Yes, if there are too many or some are inappropriate then the judge will simply not ask some of them. That is the same thing we do as lawyers, sometimes a client wants us to ask an inappropriate question but we do not ask it because we have a duty to the court to ensure that questioning remains appropriate.
The key thing to remember is that the questions should be designed to help the court determine whether the allegations are true. Generally questions about historic, irrelevant matters are not going to be helpful. Any questions designed just to be intrusive/ to upset the other person should also be avoided. Always think about what you are trying to achieve by asking the question, will it help the judge determine whether the allegation is true or not.
Well I'm very confused then as the directions do not mention questions at all. Only you know what was said at court but you'll have to just stick with what is said in the order.
That order is only asking you to file a further statement, it is nothing to do with questions. A narrative statement is a witness statement where you set out the narritive of what happened e.g. "on 01.01.20 the fahter did x... ". It specifically sets out that you are to narrate what you say happened in your Scott Schedule. So you are setting out a statement which explains the allegations within your schedule only.
What I said about the judge asking questions on your behalf is only if the judge so orders. If they have not asked you to file questions then you will simply ask the questions yourself on the day.
Yes that will be fine to simply exhibit it to your statement as you received the e-mail yourself.
No problem. I'm glad I could help you today. If you would like to ask further questions in the future, please start a new page for additional queries. You can always request me by adding "For AaronBarrister." I will be happy to help with further questions on a new page."