# The Family Procedure Rules 2010, Rule 34.38: Admissibility of Documents


(1) This rule applies to a document, referred to in paragraph (2) and authenticated in accordance with paragraph (3), which comprises, records or summarises evidence given in, or information relating to, proceedings in a court in another part of the UK or another Contracting State to the 2007 Hague Convention, and any reference in this rule to “the court”, without more, is a reference to that court.
(2) The documents referred to at paragraph (1) are documents which purport to—
(a) set out or summarise evidence given to the court;
(b) have been received in evidence to the court;
(c) set out or summarise evidence taken in the court for the purpose of proceedings in a court in England and Wales to which ... the 2007 Hague Convention applies; or
(d) record information relating to payments made under an order of the court.
(3) A document to which paragraph (1) applies shall, in any proceedings in the family court relating to a maintenance order to which ...the 2007 Hague Convention applies, be admissible as evidence of any fact stated in it to the same extent as oral evidence of that fact is admissible in those proceedings.
(4) A document to which paragraph (1) applies shall be deemed to be authenticated—
(a) in relation to the documents listed at paragraph 2(a) or (c), if the document purports to be—
(i) certified by the judge or official before whom the evidence was given or taken; or
(ii) the original document recording or summarising the evidence, or a true copy of that document;
(b) in relation to a document listed at paragraph (2)(b), if the document purports to be certified by a judge or official of the court to be, or to be a true copy of, the document received in evidence; and
(c) in relation to the document listed at paragraph (2)(d), if the document purports to be certified by a judge or official of the court as a true record of the payments made under the order.
(5) It shall not be necessary in any proceedings in which evidence is to be received under this rule to prove the signature or official position of the person appearing to have given the certificate referred to in paragraph (4).
(6) Nothing in this rule shall prejudice the admission in evidence of any document which is admissible in evidence apart from this rule.
(7) Any request by the family court for the taking or providing of evidence by a court in a State bound by the 2007 Hague Convention for the purposes of proceedings to which that Convention applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(... )

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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/34.38 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-34.38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

