Extended guidance covering the use of affidavits in family actions is contained in a Court of Session practice that comes into in force next week.
Practice note no 1 of 2018, effective from 24 September, is designed to provide updated guidance, in light of the increased use of affidavits as evidence-in-chief in defended cases. It replaces guidance that has been in place since 2004, and comprises three parts: affidavits generally; affidavits required under rule 49.28 in certain undefended actions; and defended family actions.
Following an event today hosted by the Advocates’ Family Law Association (AFLA) to consider current practice, Ruth Innes QC, vice chair of the Advocates Family Law Association, commented: “Affidavits have now been used for some time in defended family actions in the Court of Session. The formulation of the new practice note was informed by that practical experience.”