Guidance

Family Procedure Rules: glossary

Explanation of legal phrases used in the Family Procedure Rules.

Applies to England and Wales

Glossary

This is a guide to what certain legal expressions in the Family Procedure Rules mean. It does not give these phrases any special meaning which they do not already have in the law.

Affidavit

A written, sworn, statement of evidence.

Cross-examination

Questioning of a witness by a party other than the party who called the witness.

Evidence in chief

The evidence given by a witness for the party who called him.

Injunction

A court order prohibiting a person from doing something or requiring a person to do something.

Official copy

A copy of an official document, supplied and marked as such by the office which issued the original.

Pre-Action Protocol

Statements of best practice about pre-action conduct which have been approved by the President of the Family Division and which are annexed to a Practice Direction.

Privilege

The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.

Seal

A seal is a mark which the court puts on a document to indicate that the document has been issued by the court.

Service

Steps required by rules of court to bring documents used in court proceedings to a person’s attention.

Set aside

Cancelling a judgment or order or a step taken by a party in the proceedings.

Stay

A stay imposes a halt on proceedings, apart from the taking of any steps allowed by the rules or the terms of the stay. Proceedings can be continued if a stay is lifted.

Strike out

Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.

Without prejudice

Negotiations with a view to settlement are usually conducted “without prejudice” which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted.

Published 30 January 2017