Preparing a Bundle
Creating the court bundle is one of the most critical administrative tasks in the court process, you may not have to organise the bundle itself, but you do need to contribute to its formation and it's important you are involved in the process. Do not leave the responsibility to opposing counsel as they are not representing you and although they are held to high professional standards, they are not employed to act in your best interests.
A well prepared bundle will ensure a smoother court process and the judge to be able to clearly see the facts and evidence in your case.
Mandatory Documents for the Bundle
Family Procedure Rules (FPR) 2010, Part 27
This is the main rule that governs hearings and directions appointments in family proceedings.
Practice Direction 27A
If you are representing yourself, the responsibility falls to the first listed respondent who has legal representation to organise and file the bundle, unless you are both representing yourselves, in which case it is the Applicant's responsibility.
There are mandatory documents that must go in the bundle:
1. Index
A list of all the documents in the bundle with their page numbers.
2. Application Forms
The application form that started the case i.e. the C100 and any other forms such as the C1A and the respondent's forms.
3.Position Statements
Your position statement and that of your ex partner.
4. Any Orders
If this isn't your first hearing, the last order made by the court.
5. CAFCASS Letters/Reports
6. Expert reports
Medical reports
7. Evidence
Any other evidence you have, such as letters, emails, or text messages.
Organising the Bundle
Format
The practice direction states that the bundle has a clear page limit of 350 pages.
It also requires the use of a minimum of 1 line spacing and a font size of at least 12.
Pagination
A critical requirement is that all pages must be paginated sequentially.
Timetable
A strict timetable is set for preparing and lodging the bundle with the court, which is typically two working days before the hearing.
Indexing and Page Numbering
This is mandatory. The best way to do this is to add a page number to the bottom right-hand corner of every single document.
The index will then list the title of each document and the page number it starts on.
For example:
Evidence that can be submitted
You can include any evidence that is directly relevant to the court's findings and is a mandatory document in the bundle.
Letters from professionals like teachers or social workers.
Emails that are relevant to the dispute.
Printouts of relevant text messages.
Photographs that are relevant to the dispute, for example, photos of injuries or property damage.
Screenshots of relevant social media posts or websites.
Evidence That Requires Permission
The court has strict rules about what can be included in the bundle, and you may need permission from the court to submit certain types of evidence to protect the privacy of others and to ensure that the hearing is not delayed by arguments about evidence.
You will need to ask the court's permission to submit any of the following evidence in your position statement:
Police reports or statements
Medical records
Criminal records
The judge is looking for a concise, organised bundle that helps them understand your case quickly.
When and How to submit the bundle
1
If you are the self representing Applicant and your ex partner is also unrepresented
Neither of you is formally obligated to prepare the court bundle, unless the court specifically directs one of you to do so, this should be in your first hearing notice. However, if you take the initiative to prepare one, the judge will have all the documents in an easy-to-read format and you will feel more in control.
Contact your ex partner well in advance of the hearing, at least 2-3 weeks, and offer to work with them to create a joint bundle.
You will need to agree on which documents will be included as extra evidence, there are mandatory documents which are listed above.
Prepare the paginated index that lists every single document in the bundle and share this with your ex-partner for their approval.
Assemble the bundle, ensuring every page is numbered in the bottom right-hand corner, see our guide below.
File the bundle with the court at least two working days before the hearing. You can email the bundle to the court clerks, contact the court for their details.
2
If you are the self representing Applicant and your ex partner is represented by legal counsel
The responsibility for preparing the bundle will be taken by your ex partner's legal counsel. However, you can still provide documents you want submitted in the bundle. If they do not enter them into the bundle you can raise this in the first hearing.
You don't have to wait for opposing counsel to contact you to agree on the contents and index of the bundle.
Communicate promptly and ask for them to send you a draft index.
Provide the documents and review the draft Index carefully. Make sure all of your documents are included and are listed in the correct order. If you disagree with anything, let them know immediately and record their response in case you need to raise this in court.
Ensure you have a complete copy of the final, paginated bundle for your own use at the hearing, including any documents you wanted to include that weren't.
3
If you are the Respondent and you have legal representation
If you are the first listed respondent with legal representation and your ex partner is unrepresented, you will need to prepare the bundle.
If your ex partner is unrepresented, it is your responsibility to contact them to begin the bundle preparation process. If they are also represented it is their responsibility to organise the bundle, but you should take an active role in the process.
Prepare the draft index of all the documents you intend to include. Send this to your ex partner well in advance of the hearing, at least 2-3 weeks, and ask them to send you any documents they wish to include.
If you agree to the documents they wish to include, incorporate these into the bundle and update the index. You may need to justify why you have refused certain documents to be included.
File the bundle with the court at least two working days before the hearing. You can email the bundle to the court clerks, contact the court for their details.