Court bundles and hearing preparation: making the important material easy to find

Unless the court directs otherwise:

• the applicant is normally responsible for preparing, filing and serving the bundle;
• where the applicant is unrepresented but the respondent has a legal representative, the represented respondent will normally be responsible; and
• where everyone is unrepresented and nobody can prepare a compliant bundle, the court may exceptionally direct HMCTS to produce it.

The order for the particular hearing must always be checked.

The current default is an electronic PDF bundle unless the court accepts that a paper bundle is required.

An electronic bundle should:

• be in PDF format;
• normally remain within 350 pages unless permission is granted;
• use computer-generated pagination;
• include a clear index;
• contain bookmarks for sections and significant documents;
• be text-searchable where possible;
• use OCR for scanned typed documents;
• display every page in the correct orientation;
• use consistent page labels; and
• have a compliant filename containing the hearing date, case reference and case name.

Where oral evidence may be given, a paper bundle may also be needed for the witness even if an electronic bundle has been filed.

Only documents that are relevant, necessary for the court to read or likely to be referred to at the hearing should be included.

Depending on the proceedings, the bundle may contain:

• applications and responses;
• court orders;
• signed witness statements;
• Cafcass or expert reports;
• schedules directed by the court;
• relevant professional records;
• essential correspondence or communications;
• financial disclosure documents;
• other evidence required for that hearing; and
• preliminary documents.

Large collections of emails, messages, bank statements, photographs, recordings or professional files should not be included automatically. Only the specific items genuinely required should be selected.

Depending on the case and hearing, preliminary documents may include:

• an up-to-date case summary;
• a statement of issues;
• a position statement;
• Form FM5 where applicable;
• a chronology;
• a list of essential reading;
• a hearing or witness template;
• Forms ES1 and ES2 in financial remedy proceedings; and
• any document specifically directed by the court.

These documents should be concise, hearing-specific and cross-referenced to the bundle where practicable.

Unless the court gives different directions:

• parties must seek to agree the bundle contents no later than seven working days before the hearing;
• the main bundle must be filed and served no later than five working days before the hearing; and
• any outstanding preliminary documents must be filed and served by 11:00 am on the working day before the hearing.

Case-specific directions take priority.

Once a bundle has been filed, it should not be altered without the court’s agreement. Necessary late material may require permission and a separate supplemental bundle.

Under the current rules:

• an electronic bundle is normally limited to 350 pages;
• a case summary is normally limited to six pages;
• a statement of issues is normally limited to two pages;
• a chronology is normally limited to ten pages;
• a list of essential reading is normally limited to one page; and
• a witness statement is normally limited to 25 pages, excluding exhibits.

Different limits apply to position statements depending on the type of proceedings and hearing.

A technically compliant bundle is only one part of preparation.

A party should also understand:

• the purpose of the hearing;
• the issues the judge will determine;
• the relevant court orders;
• which directions have been complied with;
• which directions remain outstanding;
• the precise order or outcome requested;
• the strongest supporting evidence;
• the location of key documents in the bundle;
• what questions may need to be asked;
• whether reasonable adjustments or participation directions are required; and
• what practical steps should follow after the hearing.

For a remote hearing, the party should also test their equipment, internet connection and access to the electronic bundle.

• assuming the applicant is always responsible despite the other party being represented;
• ignoring a case-specific court direction;
• including every document in the case;
• exceeding 350 pages without permission;
• using handwritten or inconsistent pagination;
• failing to bookmark or OCR the PDF;
• including unsigned statements;
• duplicating the same document;
• leaving superseded preliminary documents in the bundle;
• filing late;
• sending confidential material to the wrong recipient;
• altering the filed bundle without permission; and
• arriving at the hearing without access to the bundle.

Price Family Law can provide support with:

• reviewing the court order and bundle responsibilities;
• preparing a compliant index;
• selecting relevant documents;
• organising and paginating the bundle;
• bookmarking and applying OCR;
• preparing preliminary documents;
• cross-referencing statements and position documents;
• producing a hearing chronology and key-document list;
• preparing a hearing plan;
• explaining courtroom or remote-hearing procedure; and
• providing separately agreed McKenzie Friend court support.

Court-bundle and hearing-preparation support is available as a One-Off Fixed Fee Service and may be included within Complete Case Support where expressly stated.

The fee is confirmed after assessing:

• the type and length of hearing;
• the court’s directions;
• the number and condition of the documents;
• whether a bundle already exists;
• the preliminary documents required;
• the filing deadline; and
• whether court attendance is requested.

Court attendance is quoted separately unless expressly included.