# The Family Procedure Rules 2010, Rule 22.6: Use at the final hearing of witness statements which have been served


(1) If a party—
(a) has served a witness statement; and
(b) wishes to rely at the final hearing on the evidence of the witness who made the statement,
that party must call the witness to give oral evidence unless the court directs otherwise or the party puts the statement in as hearsay evidence. (Part 23 (miscellaneous rules about evidence) contains provisions about hearsay evidence.)
(2) The witness statement of a witness called to give oral evidence under paragraph (1) is to stand as the evidence in chief(GL) of that witness unless the court directs otherwise.
(3) A witness giving oral evidence at the final hearing may with the permission of the court—
(a) amplify his witness statement; and
(b) give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.
(4) The court will give permission under paragraph (3) only if it considers that there is good reason not to confine the evidence of the witness to the contents of the witness statement.
(5) If a party who has served a witness statement does not—
(a) call the witness to give evidence at the final hearing; or
(b) put the witness statement in as hearsay evidence,
any other party may put the witness statement in as hearsay evidence.

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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/22.6 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-22.6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.