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Position statement
#1
Hello,
I am on direct access basis with my barrister and with no lawyer. I need to file my position statement and I am not sure how:
1. How do I exchange my stmt with other side ? Do we agree by email if we both are ready to exchange and simply send emails with attachments to each other?
2. How do I file my statement at court? Just post it to court with covering letter and case ref or is there any thing else I need to do?
Thank you
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#2
I think you are referring to a statement of evidence and a position statement here.

A statement of evidence is exactly that, it should have been specified in your interim order by the court as to how the statement needs to be submitted to them with associated timelines. You would normally exchange the statement with your ex simultaneously; the reality is the ex will play games if she is represented by a solicitor as they would want to see the contents of your statement first, then updating their own statement before sending it to you. It should stipulate in your order when statements need to be exchanged. Yes, it is usually exchanged via email

A position statement is a brief 2 page summary of the background, current arrangements and the future arrangements you are asking the court to approve. The barrister should put this together for you as part of his fee schedule. You normally take the position statement with you on the day of the hearing and provide copies to the other side and the judges.

Keep proof of anything sent to the court to ensure it has been received (recorded delivery etc...)
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#3
Ok, I refer to a position statement, for my very first hearing.
How do I send it to Court. Do I send it by post with the case reference? Or in a different way?
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#4
Ok thanks for clarifying. I would take it on the day and ask the usher to present it to the judges. The otherside would also need a copy.
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#5
I also forgot to mention that after my court application, the court specified that the initial statement should be file by both parties by 16 July. So technically the date has already passed. The barrister confirmed that it could be filed later. But didn't say how.
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#6
i'm not sure about Barrister situation, as they aren't really needed for the very first hearing what looks like a directions hearing...but if you have the capacity to hire them then that is fine...

now as for the statement to the court is concerned, although the position statement could be provided later or even on the day of hearing, but as a good practice, I would create the position statement well in advance and send it to court on/before the day prescribed. Mind, judges go thru their cases assigned on the previous day, so would be nice for them to see from your eyes what you want to tell them for that hearing.
You can exchange the statement with other party on the day of hearing. There are templates available on this website how to write position statement.

you can send your paperwork to court either by dropping in personally ( ask for family court reception) OR thru post the address you can find online. You should specify 'Attention family Court', your court case reference, Date & time of the hearing on the cover.
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#7
Thanks
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#8
Did they definitely ask for a position statement by 16 July and not a full/witness statement? Assuming it is just a position statement, for first hearing, then just send a copy to the court and the other side. However, a position statement is just that - updates the position, so you can also do another short one to hand in on the day and head it "Note". My Barrister always calls his "Note" rather than position statement. You still have the case number and your name on. It can be useful because things can happen between your filing your position statement and the actual hearing, which may help the court see what is going on. eg if after submitting your position statemnt, your ex suddenly gets your child to refuse to come and send nasty messages, or turns up outside your house and harrasses you, or does somthing else bad, you can update the position again, just before the hearing with the "Note". For that you need to take 3 copies with you, and when you go in to court, or just before, give one copy to the other side and one to the judge.
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#9
(07-18-2019, 10:22 PM)Charlie7000 Wrote: Did they definitely ask for a position statement by 16 July and not a full/witness statement?  Assuming it is just a position statement, for first hearing, then just send a copy to the court and the other side.  However, a position statement is just that - updates the position, so you can also do another short one to hand in on the day and head it "Note".  My Barrister always calls his "Note" rather than position statement.  You still have the case number and your name on.  It can be useful because things can happen between your filing your position statement and the actual hearing, which may help the court see what is going on.  eg if after submitting your position statemnt, your ex suddenly gets your child to refuse to come and send nasty messages, or turns up outside your house and harrasses you, or does somthing else bad,  you can update the position again, just before the hearing with the "Note".  For that you need to take 3 copies with you, and when you go in to court, or just before, give one copy to the other side and one to the judge.

Thanks Charly700


Another question on position statement at First Hearing and evidence.

My question is: Are we not supposed to provide evidence on position statement?

We have now exchanged and I am quite pleased with her statement as, to me, it shows how illogical she can be.
At one point, she claims that I was informed of something that is a MAJOR point, but she didn't provide evidence. I could have only been informed in a formal, written way, so I am very puzzled. Whilst she "looks good" by saying that now, she would NEED to provide evidence as it is a crucial point.
Of course she is lying but I am wondering if we are not supposed to provide any evidence on position statement? And she's relying on that?
Because of course my next question is: when/how was I advised it? And since I wasn't, it has to back fired straight at her, unless she forges some document, which is a possibility.

I didn't provide any evidence in my position statement as I already provided them in my application (in section 5b of form C100). So I'm not sure about evidence at this stage.
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#10
OK to add to what Charlie has written here.

The first and most important point is to remember that anything you write is for the benefit of the judge. Always and I mean always bear that in mind. Counsel from the other side have told me they didn't read my Note, whilst I'm thinking I could care less, I wrote it for the Judge.

The other point which you refer to is evidence. If you are the litigant, you don't need to disprove anything your ex claims, she needs to prove it. That's a fundamental legal point. She can claim domestic violence or any other claim but they need to be proved not *disproved* by you.

Now, the Note. The one single advantage you have before you even get in the courtroom is to write a Note for the judge (the other side and cafcass/social services is they are involved get a copy) It will be well thought out, well argued and written ahead of time and it won't forget key points as we all might under pressure or for lack of time!

Its called a Note because it is not a formal Statement, does not need to be signed as is not (either) a Position Statement. It should detail things like how conact has gone, how many sessions or (if at that stage in your case) what informal contact there has been, whether there was telephone contact etc. It can include include evidence, but the whole thing should be only a few pages long (4 or 5 sides of A4) under clear headings and include proposals/suggestions for what you are seeking.

It's a very very powerful weapon in your arsenal.
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