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

Directions

6.  –

(1) In any proceedings under the Act, the justices' clerk or the court may, subject to paragraph (3), give, vary or revoke directions for the conduct of the proceedings, including–

(a)the timetable for the proceedings;

(b)varying the time within which or by which an act is required, by this Part of these Rules, to be done;

(c)the service of documents; and

(d)the submission of evidence;

and the justices' clerk shall, on receipt of an application, consider whether such directions need to be given.

(2) Where the justices' clerk or a single justice who is holding a directions appointment considers, for whatever reason, that it is inappropriate to give a direction on a particular matter, he shall refer the matter to the court which may give any appropriate direction.

(3) Directions under paragraph (1) may be given, varied or revoked either–

(a)of the justices' clerk’s or the court’s own motion having given the parties notice of the intention to do so and an opportunity to attend and be heard or to make written representations,

(b)on the written request of a party specifying the direction which is sought, which request has been filed and served on the other parties, or

(c)on the written request of a party specifying the direction which is sought, to which the other parties consent and which they or their representatives have signed.

(4) In an urgent case, the request under paragraph (3)(b) may, with the leave of the justices' clerk or the court, be made–

(a)orally,

(b)without notice to the other parties, or

(c)both as in sub-paragraph (a) and as in sub-paragraph (b).

(5) On receipt of a request under paragraph (3)(b) the justices' clerk shall fix a date for the hearing of the request and give not less than 2 days' notice to the parties of the date so fixed.

(6) On considering a request under paragraph (3)(c) the justices' clerk or the court shall either–

(a)grant the request, whereupon the justices' clerk shall inform the parties of the decision, or

(b)direct that a date be fixed for the hearing of the request, whereupon the justices' clerk shall fix such a date and give not less than 2 days' notice to the parties of the date so fixed.

(7) The justices' clerk or the court shall take a note of the giving, variation or revocation of a direction under this rule and serve, as soon as practicable, a copy of the note on any party who was not present at the giving, variation or revocation.