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The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

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Hearing

12.  –

(1) Before the hearing, the justice or justices who will be dealing with the case shall read any documents which have been filed under rule 9 in respect of the hearing.

(2) The justices' clerk at a directions appointment or the court at a hearing or directions appointment, may give directions as to the order of speeches and evidence.

(3) Subject to directions under paragraph (2), at a hearing of, or directions appointment in, proceedings under the Act, the parties shall adduce their evidence in the following order–

(a)the applicant,

(b)the respondent other than the child, and

(c)the child if he is a respondent.

(4) After the final hearing of proceedings under the Act, the court shall make its decision as soon as is practicable.

(5) Before the court makes an order or refuses an application, the justices' clerk shall record in writing–

(a)the names of the justice or justices constituting the court by which the decision is made, and

(b)in consultation with the justice or justices, the reasons for the court’s decision and any findings of fact.

(6) When making an order or when refusing an application, the court, or one of the justices constituting the court by which the decision is made, shall state any findings of fact and the reasons for the court’s decision.

(7) After the court announces its decision, the justices' clerk shall as soon as practicable–

(a)make a record of any order made in the appropriate form in Schedule 1 to these Rules, or, where there is no such form, in writing; and

(b)serve, in accordance with these Rules, a copy of any order made on the parties to the proceedings.

(8) The justices' clerk shall supply a copy of the record of the reasons for a decision made in pursuance of paragraph (5)(b) to any person on request, if satisfied that it is required in connection with an appeal or possible appeal.

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