Form

Accused: Apply to the court to consider whether to prevent (prohibit) questioning (cross-examination) in person: Form EX741

Use this form if you have been accused of abuse, to provide information to the court and apply to the court to prevent questioning, or being questioned by, the other party at a hearing.

• From: HM Courts & Tribunals Service
• Published: 21 July 2022

Applies to England and Wales

Documents

Accused: Apply to the court to consider whether to prevent (prohibit) questioning (cross-examination) in person: Form EX741

PDF, 126 KB, 6 pages

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Details

In specified circumstances, questioning between parties, known as ‘cross examination’, will not be allowed at the hearing. If the court does not tell you this, you can apply to prevent cross examination under the Domestic Abuse Act 2021.

You will need to explain (and provide evidence if appropriate):

• why cross-examination would cause you significant distress
• how the quality of your evidence would be negatively affected if the other party were to question you directly

You can also ask the court to appoint a legal representative to question the other party, if you are not represented. This legal representative will only carry out the questioning and will not represent you in other areas of your case. You will not have to pay for this.

How to apply

Use this form to apply:

• to prevent cross-examination at the hearing
• for a legal representative to ask the questions at the hearing on your behalf

Complete the form and send or take it to the court where your case is being heard. Find the court’s contact details.

Make sure you:

• use the correct form – there are different forms for each party
• provide as much information as you can to help the court make their decision

What happens next

The court will consider your application and let you and the other party know what their decision is.

If the court approves your application, they will arrange for the legal representative to question the other party on your behalf.

If the court does not approve your application, you may have to speak to the other party directly in court.

Further information

If you have any questions about your application, contact the court or speak to your legal representative, if you have one.

Published 21 July 2022