Under the provision on evidence examination, whom may a family court question, and which questioning form applies to each of them?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the filings that identify the parties and any legal representative of a party, the list of other persons connected to the case whom the court might hear, and the hearing record noting in what form each person was questioned.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's two tracks together: where the family court finds it necessary, it may question a party or a legal representative in the party-questioning form, and it may question other related persons in the witness-questioning form, the form following the person's status.
Another reading notes that the provision attaches each form to a class of person, so a person who is neither a party nor a legal representative but is otherwise connected to the case falls only within the witness-questioning form, and the provision leaves open how necessity is to be judged.
Your judgment
When several persons connected to the case are questioned, what in the file shows which of them the court found it necessary to hear, and on what grounds?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which persons may be questioned or in which form, or if a court decision explains how the necessity finding is to be made.