Hearing your application

Hearing your application (what happens when you go to court)

Appearing before a Registrar (Judge) of the Family Division without a lawyer

You are not obliged to have a legal representative, some parties decide to represent themselves as a litigant in person (LIP).

Can you agree matters without a hearing

Family mediation

Mediation is a way of settling differences about children and finances. Family mediation can be faster, cheaper and easier than going to Court. Mediators will remain impartial and not take sides. The mediators can help you and your ex-partner agree the best arrangements your children and/or financial matters. A mediator will not tell you what to do but will help you both to see if there is any way that you can agree with each other. 

Not all cases are suitable for mediation. Mediators will not start mediation if they think it is not appropriate. For example, where there are safeguarding concerns.

Anything you talk about during mediation will usually stay private. It will not be reported to the court unless there are issues of child protection or alleged criminal offences. If you apply for a court order, the court will ask if you have attended mediation. The application may be adjourned so you can attend mediation.

The Family Court offers a free mediation service Family Foundation

You can contact Family Mediation Jersey Telephone: +44 (0) 1534 638898 or visit their website at www.fmj.je

Risks of Going to Court

Outcome Uncertainty: You might not get the order(s) you want.

Legal Costs: You may have to pay the other party’s legal costs, even if you’re not paying for your own.

Stress: Attending court can be stressful and emotional.

Privacy in Family Court

Private Hearings: The Family Court is private, and hearings are not open to the public.

Confidentiality: The law does not allow you to show, say, write (disclose) or publish any details that can identify a child. Documents can only be shown to:

Court staff handling your case

Parties involved in the case

Lawyers representing a party

Jersey Family Court Advisory Service (JFCAS) officers

A guardian for the child (usually a JFCAS officer)

Experts appointed by the court

There are penalties for breaking confidentiality laws.

Communicating with the Court

Contact: All communications should be sent to the Family Proceedings Officer (FPO), via email for record-keeping jgrprivatefamily@courts.je

Legal Advice: Court staff, including Registrars, cannot provide legal advice.

Forms: Use the correct court forms. Ask the FPO if unsure.

Documentation: Include the case name and reference number on every document and communication.

Copying Parties: Copy the other party/parties (or their lawyers) on any communications once your case has started.

Safety Concerns: Please contact the FPOs if you have any safety concerns.

McKenzie Friends: Notify the FPO if you want a McKenzie Friend to attend hearings with you.

Address: Provide an address for document delivery and inform the court and other parties if you change it.

Contact Details: Provide contact details like mobile numbers and email addresses.

Fees

Exemption: You may be eligible for a fee exemption. Apply to the Viscount’s Department before starting your application and attach the exemption certificate to your application.

Payment: Pay the correct court fee if not exempt. Payments can be made by debit/credit card at the Family Division Reception or by court stamps.

Family Division fees

Service of Documents

Document Quality: Ensure documents are typed or neatly handwritten.

Proof of Service: You may need to prove that documents have been served on the other party/parties.

Service Assistance: The Viscount’s Department can serve documents for a fee.

Advice on Service: The FPO does not provide advice on how to serve documents; it’s your responsibility to decide.

Make sure you take pens, writing paper and if a financial case, a calculator with you

Make notes when you are in the hearing

Get to the court at least 15 minutes before any hearing so that you will be calm and not feel rushed

Arriving early means you can to try and speak with the other party or it they have a lawyer, their lawyer

Sometimes you may able to agree matters or at least agree what should happen up until (in the interim) the final hearing

When you arrive, go to the reception area. Give the Family Proceedings Officer (FPO) your name and say if you have a lawyer or a McKenzie Friend (see below) with you

You will be asked to wait. If there are other cases before yours, there can be delays

The FPO will tell you when to go into the court room

The court room

The family court room is set out so you do not sit opposite the other party. If you are uncomfortable at the prospect of seeing the other party at court, please contact the Family Proceedings Officers on jgrprivatefamily@courts.je or 441336/7 to discuss your concerns.

Behaviour in court

When the Registrar enters the court stand up and sit down when she/he sits

You should call the Registrar “madam” or “sir” if a male Registrar

Dress appropriately for court. This means wear a suit or smart casual clothing

Keep calm. Attending court can be stressful and emotional particularly in family disputes

Treat other people with dignity and respect

Do not talk over other people

The Registrar may adjourn (postpone) the case so that you and the other party can try mediation

Preliminary Directions Hearings (PDHs) (Financial)

Children List Hearing (arrangements for children)

Financial applications

A PDH hearing is the first step in the process. The PDH usually lasts about 15 minutes and the Registrar will make directions orders. A date for the next stage, the Case Review Hearing (CRH), will be fixed.

You and the other party will be ordered to provide information/documentation. The purpose of disclosure is to make sure that the court has enough information on which to make fair decisions.

The Registrar will enquire whether you and the other party are willing to attend mediation. The application may be adjourned to allow sufficient time for the parties to attend mediation.

A date for the next stage, the Case Review Hearing (CRH), will be fixed.

Children cases

In children cases, the court will direct a Jersey Family Court Advisory Service (JFCAS) Officer to prepare a Pre-CRH report prior to the initial hearing. JFCAS will carry out safeguarding checks with the Children’s Service and the Police. In addition, the JFCAS officer will speak to you and the other party to discuss the issues to be considered by the court. The JFCAS officer cannot give legal advice. The JFCAS officer will comment on your proposals. The JFCAS officer will then file the Pre-CRH report setting out his/her interim recommendations. You and the other party will be provided with a copy of the report prior to the initial hearing.

The Registrar will want to know if the children are at risk and will investigate what you can agree and can’t agree.

The Registrar will enquire whether you and the other party are willing to attend mediation. The application may be adjourned to allow the parties to attend mediation.

A date for the next stage, the Case Review Hearing (CRH), will be fixed.

Case Review Hearings (CRHs)

The purpose of the CRH is to determine whether anything can be done to sort out the dispute, and find out what the outstanding areas of disagreement need to be addressed.

In children cases the JFCAS officer may be asked to speak first and provide any update on a pre-CRH report. Even if there is no final agreement, interim orders may be made. If needed, JFCAS will be directed to prepare a full welfare report will be ordered and sometimes other expert reports.

At financial CRHs, the court may make interim orders, such as for interim maintenance, and may make further disclosure orders.

In both cases directions may be made as to the filing of evidence, including what witnesses, if any, are to attend.

A date will be set for a further CRH, Early Neutral Evaluation (ENE), Financial Dispute Resolution (FDR) or final hearing.

Time Limits

Please ensure that you read the orders carefully so that you fully understand what you are required to do and when

The court makes orders about what you have to do and by when. You are likely to be asked by when you can provide information, for example, copies of bank statements. Give realistic time estimates. The Registrar may however not accept what you say.

All orders for directions come with time limits, stating the date and the time of day by which any direction is to be obeyed.

Orders must be obeyed to the letter and on time. If you are going to be unable to meet the time limit set, apply before the time is up for more time. 

Be aware that the court may not agree to give you more time, so you should aim to meet the time limits ordered.

Penalties for failing to follow what has been ordered

Failing to meet time limits may mean that a costs order is made against you.

If you fail to provide the information ordered this may be seen as suspicious, for example, you are trying to hide something. 

Your failure may be referred up to the Bailiff’s court.

Affidavits/statements and documents

An order may say you have to file and serve an affidavit or statement.

Give the original document to the court and serve the other party/ies with a copy. Remember to keep a copy for your own use. Copies may be in paper or digital format.

There is a template for an affidavit of means. See Draft Affidavit of Means. There is also a template for how to set out an affidavit Example of how to set out general affidavit and exhibit(s). Keep a copy of the documents yourself.

It is a good idea to take legal advice about the contents of your affidavit/statement before you file and serve it. Avoid emotional wording if at all possible.

You and the other party may be asked to file a statement of issues in financial cases. This may include whether, for example, you think there should be a clean break or the other party is not maximising his or her income.

The Registrar does not want a large number of pages with irrelevant material. 

All documents filed at court must be served on the other party/ies, or if they have a lawyer, on the lawyer.

Disputes about facts

There may be disputes about facts.

You must be clear what is relevant to your case and what is not.

Do not spend time disputing facts which are not relevant. Concentrate on the facts that are relevant.

There may need to be a fact finding hearing.

Issues of law

There may be a dispute about an “issue of law” which is relevant to your case.

Make sure you think about what is relevant to your case:

What are the issues?
What will you say to prove those issues?
What written evidence will you need to prove those issues?
What will the court need so that it understands the issues and documents?
Have you obeyed the court directions?
Has the other party obeyed the court directions made so far?
Have you provided an overview of the history of the case, a “chronology”? This helps the court understand when things happened

The final hearing

The final hearing is when the Registrar hears the evidence from both parties and makes a decision.

The Registrar may reserve (delay) the decision.

In children cases, any expert evidence may be heard first.

Final hearing process

Outline Your Case: At the start, outline your case based on the evidence.
Applicant's Case:
- The applicant presents their case first
- The applicant is cross-examined by the other party’s lawyer or the other party if they don't have a lawyer
- The applicant’s witnesses, if any, are then heard
Respondent's Case:
- The respondent presents their case next
- The respondent is cross-examined by the applicant’s lawyer or the applicant if they don't have a lawyer
- The respondent’s witnesses, if any, are then heard

Tips for the Hearing

Ask Questions: Ensure your questions are actual questions, not speeches
Take Notes: Helps in asking questions and keeping track
Speak Politely: Do not talk over others and remain calm
Be Clear and Concise: Keep your statements to the point
Seek Clarification: Ask questions if unsure about anything
Witnesses: Witnesses do not hear other witnesses' evidence and should not discuss it

Rights and Responsibilities

Object to Inadmissible Evidence: You can object to evidence you think should not be given

Summarize Your Case: At the end, summarize your case and make legal arguments based on the evidence presented

No New Matters: You cannot introduce new matters during the summary that were not in the evidence

Registrar’s Decision: Take notes of the order made at the end of the hearing. Ask the Registrar if you don’t understand it

What is ENE?

ENE is a service provided by the Family Division of the Royal Court of Jersey to help parents or carers reach agreements about decisions related to children in their care

An experienced judge, not involved in the case, gives an indication of what decision they might make on the disputed issues

Who Can Use ENE?

ENE is available to parties involved in private law court proceedings about children before the Family Judges of the Royal Court

It is not available to parties in proceedings brought by the Minister for Children and Education

At the discretion of the Royal Court, ENE may also be available to parties in private law proceedings before the Bailiff, Deputy Bailiff, or one of the Commissioners and the Jurats of the Royal Court

Participation in ENE

ENE is currently voluntary. Parents or carers are not required to participate but must explain to the court if they choose not to

If not invited by the court, parties can ask for a stay to have the case referred to ENE

The ENE Process

Conducted by a specialist Family Judge (the "ENE Judge") who will not be the final decision-maker if the case does not settle at or after ENE

A bundle of relevant documents must be filed 7 days before the ENE appointment via CaseLines. Guidance on uploading bundles can be sought from Family Proceedings' Officers

Relevant documents may include application forms, medical records, Children Service records, and JFCAS reports. The ENE Judge is unlikely to read correspondence or social media exchanges

Confidentiality and Without Prejudice

ENE is "without prejudice," meaning proposals made to settle the case cannot be referred to before the Decision Maker

What is said during ENE remains confidential unless it raises concerns about a child's safety

The ENE Judge's view is confidential and cannot be shared with the Decision Maker

Outcome of ENE

The ENE Judge's view is an indication to help parties reach an agreement. It is not binding on the parties

What is FDR?

The Family Division of the Royal Court of Jersey offers FDR appointments to help parties reach a reasonable settlement by agreement, avoiding the costs, stress, and delay of a final hearing.

Participation is voluntary and requires agreement from both parties.

Purpose of FDR

The goal is to enable parties to discuss and negotiate to reach an agreement on the issues between them.

The Family Judge will give an indication of the likely outcome if the case went to a final hearing but will not make any binding decisions or determine disputed facts.

Confidentiality

Everything said and all documents filed for the FDR are privileged and "without prejudice."

The FDR Judge will not be involved in the final decision if the case does not settle.

Preparation for FDR

Parties must comply with all directions made during the case.

At least 7 days before the FDR, the applicant or their advocate must file and serve a bundle agreed with the respondent. The bundle should include:

A joint schedule of assets, income, and liabilities, indicating agreed and disputed figures, and a summary of each party’s costs.

A statement from each party outlining the orders sought, a brief factual background, the available 'pot' of assets, key issues, and the financial effect of proposed orders.

A separate chronology if the case has a complicated history.

A schedule of all offers and counteroffers made in the case.

During the FDR

Parties and their advocates will have the opportunity to negotiate further after the Judge’s indication.

If an agreement is reached, it will be written and signed by the parties and advocates, then shown to the Judge for approval as an Act of Court.

If a dispute arises about the final order, it will be referred to the FDR Judge.

After the FDR

If the FDR is unsuccessful, the FDR Judge will not be involved in the final hearing.

Documents filed for the FDR will be stored separately, and the final hearing Judge will not see them.

Parties should not provide any details of what was said at the FDR to the final hearing Judge.

Who are litigants in person (LIPS)

Litigants in person are individuals who represent themselves in legal proceedings.

Who are McKenzie Friends?

This is a person who assists a LIP and accompanies the LIP to a court hearing. The McKenzie Friend has no legal status. Often the McKenzie Friend is an actual friend of the LIP.

What the McKenzie Friend can do

He or she can provide:-

Emotional support

Take notes at the hearing

Help to organize the court documents and papers

Quietly make suggestions or give advice on the conduct of the proceedings.

What the McKenzie Friend is not able to do

He or she is not able to:-

Speak to or address the Court

Give legal advice as to how to conduct a case – the McKenzie Friend may be liable for misleading advice but is not covered by professional indemnity insurance

Conduct a case on behalf of the LIP and sign documents for the LIP.

What you should do if you want a McKenzie Friend

You should inform the Court before a hearing if you require a McKenzie Friend and the other party or parties to the case, or if they have lawyers, their lawyers

The McKenzie Friend should produce a short statement:

- giving their name
- address
- confirming no personal interest in the case
- confirm that the role of a McKenzie Friend is understood and the Court’s rules as to confidentiality are understood

The LIP must address (ask) the Registrar about a McKenzie Friend attending hearings. Please note that the Court can refuse to allow a McKenzie Friend to assist the LIP and can later refuse the further attendance at Court of the McKenzie Friend if he or she is impeding or preventing the efficient administration of justice.

Confidentiality of Family Proceedings

Family proceedings are heard in private which means the Court is not open to members of the public. In principle there is no reason why a LIP should not show Court papers to a Court sanctioned McKenzie Friend provided he or she understands that the disclosure is only being made for the purpose of the LIP effectively presenting his case. McKenzie Friends must be aware that they may be guilty of an offence if they publish material intended or likely to identify a child concerned in the proceedings, or address or school of the child, or disclose documents except to the category of persons named in the Children Rules 2005 without leave of the Court.

About This Guidance

This guide helps you if you want to appeal a decision made by a Registrar of the Family Division of the Royal Court.

What to consider before appealing

Steps to make an appeal

What to expect from the appeal process

Terms Used

Matrimonial Decision: Decisions made by the Registrar in divorce proceedings, including financial matters or issues related to children

Children Proceedings: Decisions made by the Registrar about children when the parents were never married
Appellant: The person appealing the decision

Respondent: The other party in the appeal, even if they were the petitioner or applicant in the original case

The Order: The formal Act of Court containing the Registrar's decision

Transcript: The typed record of the evidence given at the hearing

Can I Appeal?

You can only appeal if there are proper legal grounds, such as a serious mistake or procedural error. Disagreeing with the decision is not enough.

Considerations Before Appealing

Act Quickly: There is a limited time to appeal after the Registrar's decision

Legal Advice: It's advisable to get legal advice due to the complexity of legal and procedural points

Court Fee: You will need to pay a court fee to appeal. If you can't afford it, apply for an exemption certificate from the Viscount’s Department, Morier House, Halkett Place, St Helier, JE1 1DD for a certificate of exemption from payment of judicial fees (“an exemption certificate”). Your letter should contain your full name and address, including the post code, telephone contact details and email address if you have one. Please also give brief details of the case and the names of the other parties involved. You should also provide a summary of your income, outgoings and significant assets and liabilities

Costs: If you lose the appeal, you may have to pay the other party’s costs

Filing an Appeal

If you are unhappy with a decision made by the Registrar you can appeal against it to the Inferior Number of the Royal Court, that is, the Bailiff or Deputy Bailiff or a Commissioner sitting with two Jurats (“the Royal Court”).

The fact that you have filed an appeal does not stop the decision of the Registrar from taking effect. To give an example, the Registrar may have decided that you should pay maintenance for your spouse or children which you think is too high. You still have to comply with the Registrar’s order unless you make an application to the Royal Court (contact the Bailiff’s Judicial Secretary) and the Royal Court agrees to stay the order, that is, put the order on hold until the appeal is heard.

The procedures for appealing from matrimonial decisions and children decisions are slightly different and it is important that you follow the correct procedure.

Procedures for Different Cases

Matrimonial Decisions: Follow the procedure if your case reference number is like 001/16.

Children Decisions: Follow the procedure if your case reference number is like CH2016/01.

Steps to Appeal a Matrimonial Decision:

Request Reasons: If you disagree with a decision about finances or children in divorce proceedings, you have 7 days from the date of the order to ask the Registrar for written reasons for the decision. The Registrar will provide these within two months

Lodge Your Appeal: You have 10 days from receiving the Registrar's reasons to file your appeal. If you miss this deadline, you must apply to the Royal Court for permission to appeal late, providing good reasons for the delay

Complete Forms: Fill out Form 18 (notice of appeal) Form 18 and Form 19 (grounds of appeal) Form 19. Form 18 copies the decision you are appealing, and Form 19 lists each reason for your appeal in numbered paragraphs. Submit these forms to the other party and the Judicial Greffe receptionist

Cross-Appeal: The other party may also appeal part of the order within 10 days of receiving your notice of appeal by submitting their own Forms 18 and 19

Schedule a Meeting: Within 14 days of filing your notice of appeal, schedule a meeting with the Bailiff’s Judicial Secretary to set a date for the appeal hearing. Inform the other party of the date and time, giving at least four clear days' notice

Prepare the Transcript: The transcript of the hearing will be prepared, and you will need to pay for it unless exempt. You will be notified when it is ready

Serve Contentions: Within 21 days of being notified that the transcript is ready, serve the other party with your detailed reasons for the appeal (contentions) and any supporting documents. The other party has 21 days to respond with their contentions and documents

Steps to Appeal a Children Decision:

Request Reasons: If you disagree with a final decision about children, ask the Registrar for written reasons. You cannot appeal interim orders. There is no time limit for making the request for the reasons.

Serve Notice: Within 10 days of receiving the reasons, serve a notice of appeal on all involved parties, explaining why you think the decision was wrong. Provide a copy to the Judicial Greffe receptionist. If you need more time, apply to the Bailiff for an extension.

Provide Documents: After filing your notice of appeal, provide the other parties with:

- The original application to the Registrar
- The order setting out the decision
- Any order staying the execution of the decision
- The transcript of any evidence
- The reasons for the decision

Cross-Appeal: The respondent may also appeal or cross-appeal by providing their notice of appeal to you and the Judicial Greffe receptionist

Schedule a Meeting: Make an appointment with the Bailiff’s Judicial Secretary to set a date for the appeal hearing. Inform the other party of the date and time, giving at least two clear days' notice

Meeting with the Bailiff’s Judicial Secretary

Purpose: To fix a date for the appeal hearing

Payment: Bring a cheque for the fees or an exemption certificate if applicable

Directions Hearing: If additional orders are needed before the appeal, a directions hearing may be scheduled

Bundles

Preparation: Provide the Bailiff’s Judicial Secretary with 4 copies of the bundle of documents to be referred to during the hearing

General Advice

Keep Copies: Retain copies of all documents you produce and receive

Legal Advice: Judicial Greffe and Bailiff’s Chambers staff can help with the process but cannot provide legal advice. Seek legal advice if unsure of your position

FD 12/09 Preliminary Directions Hearing

Legal Representatives entitled to attend but Advocates and Jersey Solicitors to attend contested cases

A legal representative entitled to attend a Preliminary Directions Hearings must have the conduct of the file in question and have instructions from his or her client to attend.

When a time has been fixed for a Preliminary Directions Hearing and the Directions sought at the hearing are known by the advocate or solicitor making the application to be opposed, or are likely to be opposed, the advocate or solicitor shall, if possible, give at least 3 days’ notice, both to the opposing lawyers (if instructed) and to the Court, of the nature of the application intended to make, so that an advocate or solicitor can be instructed to appear on both sides at the Preliminary Directions Hearing.

Such notice need not be given if only Standard Directions are sought, unless an application for Standard Directions is known to be opposed.

The following are Standard Directions:-

to fix a date

to file an affidavit of means

to file questionnaires and answers to questionnaires

to obtain a property valuation at joint expense by a valuer to be agreed

to file agreed documents by a certain date

to fix a date for a Case Review Hearing and the attendance of a Jersey Family Court Advisory Service (“JFCAS”) Officer

to file a chronology, statement(s) of issues, summary(ies) of assets and open positions

to adjourn, so that mediation by the Jersey Mediation Service can take place

to make any direction by consent

FD21/01 Change of Legal Representative/Party Acting in Person

The court acknowledges that advocates may, at times, be embarrassed because parties fail to provide instructions or funds (or both) or are otherwise unable to continue acting
Advocates are reminded that in line with the provisions of  Royal Court Rule 20/4 and Rule 69 of the Matrimonial Causes Rules 2005, advocates remain on the record unless and until formal notice of change including a new address for service has been filed at court and served on all parties to the proceedings. This applies equally to applications under the Children (Jersey) Law 2002
In circumstances in which counsel wish to be relieved of their duty to appear before the court, and their former client has failed to file and serve a notice of acting in person or instruct a new legal representative, advocates  are required to file an application (usually on notice to their client only) requesting that the court discharges them from  their obligation to appear before the court or otherwise remain on the record
Such an application should be filed in Form 15 or Form C2. The court will waive any stamp duty payable for such an application.  The court will do whatever it can to ensure that any hearing required is listed at the earliest opportunity, subject to court being satisfied that at least two clear days' notice has been given to the former client concerned
If advocates are able to secure their former client's agreement to file and serve a notice of acting in person, which must always include an address for service, advocates will be relieved of the obligation to make an application to the court
For the avoidance of doubt, until a notice of change of advocate or notice of acting in person is filed and served or the court discharges the advocate from their duty following an application, the court will treat the advocate on record as the address for service (and expect counsel to appear at any scheduled court hearings until they are released in accordance with this practice direction)

 This Practice Direction will come into force with immediate effect.

FD 21/02 Miscellaneous provisions in relation to family practice

To ensure uniformity in practice, the family judges set out below expectations as to the production and content of miscellaneous documents in family proceedings across the Royal Court.

Where counsel are instructed, application forms should be completed, checked and filed by lawyers. Too many application forms are completed by hand, only partially completed and occasionally illegible. Application forms must be checked by advocates to ensure that they are complete and are clear
Application forms should contain all the information sought by that particular form, including the address of the respondent/s. Where an advocate is unable to include the address of a respondent to a particular application or suit, a covering letter should be produced for the court's benefit explaining any difficulties arising, identifying the manner in which advocates propose serving such documentation or enclosing a further application seeking such orders as may be required from the court to assist with service e.g. an order for deemed or substituted service
Requests for further information and documentation
1. the court does not require these documents to be filed at court (in the expectation that the replies will be included in the bundle for any eventual hearing).  The court expects replies to set out the original request followed by the reply to that request in bold so that the request for further information and the reply are in the same document and easily followed
2. advocates should supply .docx (i.e. Word) copies of their requests for further information to the other party so that the insertion of replies on the same document can be easily produced
3. replies to requests for further information and documentation should include a statement of truth and be signed by counsel or the party and dated. A statement of truth by the deponent should be in the following form "The contents of this my statement/reply are true to the best of my knowledge or belief (I am authorised to sign this statement on behalf of …..)"
4. the court does not wish parties to produce "schedules of deficiencies". A party's unreasonable or unexplained failure to provide documentation or information by way of reply should form the subject of an application to the court if the default cannot be dealt with by the parties. For the avoidance of doubt, costs are at large should the court find that a party has unreasonably failed to provide information or documentation which is required to determine or settle a case
Chronologies should only be produced if the court has given permission for parties to do so and, if so,  they should contain a succinct summary of events relevant to the dispute, and should not normally include a recital of steps or exchanges in litigation
The court orders open offers to be exchanged and filed in all financial disputes. Such offers should be limited to a recital of the orders sought by that party from the court when disposing of the matter on an interim or final basis and should not contain any narrative background,  comment or reasons for seeking any such orders
Where the court orders parties  to file skeleton arguments, these should contain a succinct summary of a party's case, should refer to  any relevant law and documentary evidence as applicable to that case by reference by page number to the bundle which will be electronically filed (in most cases) by CaseLines
Where advocates are required to sign applications, documents, or witness signatures, advocates must ensure that they print, type or stamp their name below their signature so that the court can easily identify their signature
Advocates should ensure that all affidavits or statements of evidence including affidavits of means are marked in the top right-hand corner on the front page with the date that the document was sworn or signed

FD21/03 Evidence and Submissions

Limiting Evidence 

In line with the overriding objectives under Rule 47 of the Matrimonial Causes Rules 2005 and Rule 4 of the Children Rules 2005 (the "Overriding Objectives"), the court must deal with cases justly, and actively manage cases. Active management includes regulating the extent of disclosure and expert evidence, but, furthermore, includes limiting written evidence unless the court is satisfied that such evidence serves the applicable Overriding Objective
Parties should not file or serve documentation unless permitted to do so by act of court, law, rule or by practice direction and in furtherance of that principle, parties should not seek disproportionate or unnecessary disclosure. This is to ensure that the parties do not incur avoidable costs and that the documentation which is produced for the purposes of hearings is relevant and concise and that every effort is made to reduce the emotional and financial costs of disputes on the parties and the children whose interests concern the court
By way of example:-
1. parties are expected to limit the number of requests for further information or documentation to those which are reasonable and proportionate to the dispute; written requests for parties to explain or justify spending of sums which are de minimis in the context of the case concerned should be avoided
2. parties should not make written requests for further information and documentation which put their own case or contain questions more properly put in cross-examination
3. parties should not serve or file evidence or documentation unless specifically required to do so by the court
4. the court is unlikely to wish to see inter partes correspondence produced at, or in advance of, hearings unless, for example, the court has agreed that costs issues are to be determined
5. save in exceptional circumstances, the court is unlikely to want to see, for example, copies of electronic messages between the parties or recordings of telephone or video calls unless, for example,  the welfare of a child requires the court to consider such evidence.

Content of Evidence and Correspondence

The court is bound by the Overriding Objectives to ensure that distress to all parties is minimised. While the court readily acknowledges that advocates are bound to act in the best interests of their clients, and will wish to represent their clients firmly and fairly, best interests rarely mean that advocates should descend into unpleasant and  personal exchanges which do little to foster the spirit of compromise
Good family practice  means that parties owe the other party and the court a positive duty to avoid making unjustifiable and inflammatory comments, threats or allegations in court or in correspondence, as these serve only to increase the temperature, making settlement less likely, increasing costs and potentially causing emotional harm to children by provoking avoidable conflict.  Language used should be moderate and emotive language should be avoided at all costs

FD 20/01 Production and content of bundles for use in the Family Court (Registrars)

It shall be the responsibility of the designated party, who is, unless otherwise agreed by the parties or ordered by the court, the part in the position of applicant at the hearing, or if there, the cross applications, the party whose application was first in time, not less than five clear working days before any family case is to be heard, to lodge with the Family Proceedings’ Officers at the Judicial Greffe and agreed paginated indexed bundle (the :Court Bundle”). The Court Bundle for the presiding Registrar should be clearly marked with the name, case number and date of hearing and labelled “Court Bundle” and should contain such of the following documents as ordered by the court:
1. an up-to-date case summary of the background to the hearing confined to those matters which are relevant to the hearing and the management of the case and limited, if practicable, to four A4 pages
2. a statement of the issue or issues to be determined at that hearing, agreed if possible
3. a position statement by each party setting out a summary of the order or directions sought by that party at the hearing
4. an up-to-date chronology of relevant events
5. skeleton arguments, if appropriate
6. a list of essential reading for that hearing
7. acts of court in date order
8. applications in date order
9. statements and affidavits in date order
10. experts’ and other reports
11. such other documents as are necessary to dispose of the cause or application
A second agreed paginated bundle for the use of any witnesses to be called to give evidence shall also be provided to the Family Proceedings’ Officers in advance of the hearing, clearly marked with the name, case number and date of hearing and labelled “Witness Bundle”. This should contain only those documents which witnesses will be asked to consider in the course of their evidence
Unless prior permission has been sought and granted by the court, being satisfied that such direction is necessary and proportionate to the issue in dispute, the Court Bundle shall consist of no more than one A4 size lever arch file or ring binder, limited to 350 sheets of A4 paper and shall consist of only those documents which are relevant to the hearing and which it is necessary for the court to read, or to which reference will be made, during the hearing. If reference needs to be voluminous documentation e.g bank statements, separated paginated bundles of any such documents in strict date order shall be provided for the use of the court (and, as necessary, witnesses) at the hearing; these do not need to be filed in advance of the hearing.
Copies of all authorities relied upon shall be contained in a separate composite bundle, agreed by the advocates or parties, clearly marked with the name, case number and date of hearing and labelled “Authorities Bundle”, to be lodged not less than three clear working days before the commencement of the hearing. Where expedient (i.e. where the Court Bundle is slim enough to accommodate core documents and authorities), the Court and Authorities bundle may be combined but shall be prepared and filed as the Court Bundle.
Unless requested otherwise, the party in the position of applicant at the hearing shall lodge with the Judicial Greffe (to:JGRCourtDocuments@courts.je) an electronic copy of the Court Bundle and a copy of the Authorities Bundle. Each bundle shall be files as a set of Acrobat .pdf files corresponding to the documents listed in the index and named to match as closely as possible the index entries taking into account the limitations on characters available in naming files
The party in the position of applicant at the hearing shall serve upon each of the other parties to the action (via their respective advocate if so represented) one copy of the Court Bundle and the Authorities Bundle
Any bundles lodged may use double sided printing to avoid unnecessary waste or costs being incurred
Reference should be paid pro tem to the Bailiff’s directions as to how bundles should be filed while social distancing restrictions remain in place
Any document created by any party for litigation shall sue a type and size of font that is clearly legible to the Court. Wherever possible, copies of any other documents or cases should also be produced in a format that is clearly legible for the Court. All documents (e.g. photographs or plans) originally produced in colour, should be copied in colour for the Court Bundle
It shall be the duty of the designated party to consult with all other parties in sufficient time to ensure compliance with this practice direction
It shall be the duty of any other party to the application to co-operate fully with the designated party to produce the Court Bundle and Authorities Bundle
The provisions of paragraphs (1) to (10) above shall not apply to any application which is of necessity, to be heard at short notice. In relation to such matters, it shall be the responsibility of each party to lodge such documents as might reasonably be required by the Court, or relied upon by the parties, in an appropriate form having regard to the requirements in this practice direction in such manner as to enable the hearing to proceed as expeditiously as possible
All bundles of documents which shall be lodged pursuant to these directions shall have an index and shall be paginated in accordance with the Guidelines annexed hereto
All references to authorities in any index produced pursuant to these directions shall be made in the form set out in the Guidelines annexed hereto and shall be separated using individual tabs or dividers. Each category of authority shall be listed in date order starting with the earliest in time. Authorities not referred to in a skeleton argument should not be inserted in a bundle without justification
It shall be the responsibility of each party to keep the Family Proceedings’ Officer fully informed at all times as to which cases are likely to settle and which cases are likely to proceed to a hearing
It is the intention of the Court to enforce the requirements of this Practice Direction and, in appropriate cases, to award costs against a defaulting party or personally against the lawyer representing that party who fails to adhere to this Practice Direction without reasonable excuse. Any non-compliance may also lead to restrictions o how long a party may address the Court or to adjournments
This Practice Direction shall come into force with immediate effect

24th June 2020

Guidelines for the production of the Court Bundle

General Points

The Court Bundle in a family action should comprise one copy, and one copy only, of all relevant Acts of Court and pleadings, arranged in a logical sequence
Each section of the bundle should be separated by numbered tabs and each page in each section should be individually paginated
Amended pleadings filed by consent or with leave only should be inserted in the pleadings bundle. Proper practice is to identify amendments made to pleading by underscoring additional material in read and drawing a line through the words to be deleted. Where a pleading has been amended extensively or there have been multiple amendments a clean version of the latest pleading should also be inserted
Affidavits should be identified in the index and clearly separated using individual tabs or dividers. Exhibits to any affidavit should also be identified in the index and separated using individual tabs or dividers
Any documents in the Court Bundle which are not already paginated or which are not adequately numbers should be paginated so that each section of the bundle is paginated sequentially. It is not necessary to paginate the entire Court Bundle consecutively or to paginate those sections of the Court Bundle where the contents of that section already contain page numbers or which are adequately numbered
A full copy of each authority relied upon should be included in the Authorities Bundle unless the authority is voluminous in which case the head note and the whole of any section dealing with the point in issue must be included
Correspondence included should only be correspondence relevant to an issue before the Court requiring adjudication and which correspondence the Court needs to consider

Form of Index of Authorities

(List cases for each category in date order)

(1) Jersey Reported Judgments

Le Couteur -v- Romeril (1980) JJ. 408.

Ribeiro -v- Brown (1985-86) JLR 464 or N. 6.

(2) Jersey Unreported Judgments

The references should include the date but no serial/file number: Neveu -v- Jones [2004] JRC 103

(3) English Authorities

Smith -v- Jones (1980) 1 FLR 560.

(4) Reference to texts

As a broad principle, the reference should start with:

a) the author’s name; followed by

b) the title of the work;

c) the edition;

d) the page of reference

Hearing your application