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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8002
Experience:  Barrister at law
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Queries on filing statements. - I’ve got my Witness

Customer Question

Queries on filing statements.- I’ve got my Witness statement ready to file at same time as my Main statement… should I just pop it in the envelope, with Main ? Or must it be a formal Annex to my Main statement?- I will be seeking permission to file an expert Psych report (if its any good) via C2. Do I have to attach the ‘actual’ expert report to C2… or would that put the cart before the horse?
- Is it the wrong language to call it an "expert report" because she won't be appearing in court to give evidence? Better just called "Psych report"? And would the C2 be seeking a "Directions Order"?
Submitted: 13 days ago.
Category: Family Law
Expert:  plclegal replied 13 days ago.

Hello and thanks for the question, I will review this morning and revert back to you as soon as I can.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Expert:  plclegal replied 13 days ago.

1. Can you please clarify why you have a main statement and a witness statement? I'm not 100% sure why you have drafted two.

2. I would attach the report to the application that way the report is on the court file.

3. Yes this could simply be called a psych report and I would suggest you are asking for the court's permission to file and serve the report on the other party and the court and for it to be included int he court bundle for the hearing..

Customer: replied 13 days ago.
Oh sorry, yes in [1] I have Main statement, and in addition a Witness statement of my current partner.I understand your point about [2]/[3] Psych report and super helpful to have the clarifications above.
- If court agrees I can file Psych report they share it with my Ex when conveying that decision? I'm not copying the C2 application to my Ex the moment I submit C2 with court?
Expert:  plclegal replied 13 days ago.

Thanks for the clarification.

The additional witness statement in that context is perhaps best submitted as an appendix to your statement.

Is there really any harm in copying in your ex to the psych report C2?

Customer: replied 12 days ago.
If the psych report arrives close in time to the hearing it makes sense in particular to copy my Ex so he has earliest possible sight of it. But if the report is available mid June, that is almost 2 months ahead of the hearing and I'm just not looking for him to stir up trouble by calling in some other expert. He has my child staying with him in summer holiday July ahead of the hearing.
In a way, if the Hearing was adjourned to Sept that would help a lot -because none of us have childcare cover for the August date. I did ask the court to adjourn. A late report would probably achieve that but I'm looking for a balance - a 'back to school date' (I asked on C2 last week) and enough time for everyone to read the papers.If there is no compulsion to copy my ex then I won't because the Court does that itself? ... and has been picking up pace on my applications lately. Hooray!
but I would feel more inclined to copy my ex if the report reached me (say) 4 weeks prior. That's getting late.I just don't know the procedure (any procedure).
Expert:  plclegal replied 12 days ago.

How about we touch base when you have the report?

Expert:  plclegal replied 12 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 7 days ago.
Does my witness have to be present throughout the entire day of the Zoom call? Or, can they be at the start and then wander off and return when needed?
Expert:  plclegal replied 7 days ago.

I would only anticipate the witness being required for their questioning, if needed. If this were in person they would be given an approximate time to attend court and wait outside until called.