Rule 13.9 The first directions hearing

(1)

At the first directions hearing in the proceedings the court will—

(a)

fix a timetable for the filing of—

(i)

any report from a parental order reporter;

(ii)

if a statement of facts has been filed, any amended statement of facts; and

(iii)

any other evidence;

(b)

give directions relating to the report of the parental order reporter and other evidence;

(c)

consider whether any other person should be a party to the proceedings and, if so, give directions in accordance with rule 13.3(3) or (4) joining that person as a party;

(d)

give directions relating to the appointment of a litigation friend for any protected party unless a litigation friend has already been appointed;

F1(e)

consider, in accordance with rule 29.17, whether the case needs to be transferred to another court and, if so, give appropriate directions;

(f)

give directions about—

(i)

tracing the other parent or the woman who carried the child;

(ii)

service of documents;

(iii)

subject to paragraph (2), disclosure as soon as possible of information and evidence to the parties; and

(iv)

the final hearing.

(2)

Rule 13.12 (reports of the parental order reporter and disclosure to parties) applies to any direction given under paragraph (1)(f)(iii) as it applies to a direction given under rule 13.12(1).

(3)

The parties or their legal representatives must attend the first directions hearing unless the court directs otherwise.

(4)

Directions may also be given at any stage in the proceedings—

(a)

of the court's own initiative; or

(b)

on the application of a party or the parental order reporter.

(5)

Where the court proposes to exercise its powers in paragraph (1) of its own initiative the procedure set out in rule 4.3(2) to (7) applies.

(6)

For the purposes of giving directions or for such purposes as the court directs—

(a)

the court may set a date for a further directions hearing or other hearing; and

(b)

the court officer will give notice of any date so fixed to the parties and to the parental order reporter.

(7)

Directions of a court which are still in force immediately prior to the transfer of proceedings to another court shall continue to apply following the transfer subject to—

(a)

any changes of terminology which are required to apply those directions to the court to which the proceedings are transferred; and

(b)

any variation or revocation of the direction.

(8)

The court or court officer will—

(a)

take a note of the giving, variation or revocation of a direction under this rule; and

(b)

as soon as practicable serve a copy of the note on every party.

(9)

After the first directions hearing the court will monitor compliance by the parties with the court's timetable and directions.

Annotations

Textual amendments

F1: Rule 13.9(1)(e) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 54 (with rule 137); S.I. 2014/954, art. 2

Notes on Part 13

Textual amendments

F1: Words in Pt. 13 heading inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 4(2)