Clarity on non-party documentation: David Burrows investigates the power to order production of documents in family cases
- Asks what powers the courts have to require non-parties to produce documents in family cases.
- Asks if the family courts have power to order police to produce documents.
- Asks when a witness summons for production of documents can be used in family proceedings.
Family procedural law is not as clear as it might be over when ‘a person who is not a party to the proceedings’ (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc). The categories of circumstance in which a non-party can be required to produce documents are:
- An application to the court where statute permits (including as to the whereabouts of children) under Family Procedure Rules 2010 (FPR 2010) r 21.2;
- By witness summons to produce documents in court (FPR 2010 r 24.2(1)(b): formerly subpoena ad duces tecum); and
- By the Norwich Pharmacal procedure (explained below).
As relevant here, r 21.2 (derived from Civil Procedure
