What Is a Ground Rules Hearing (GRH) — When It’s Used and What You Should Know

William Slivinsky
1 day ago
3 min read

About this series. This guide is for litigants in person, written by William Slivinsky (W-S Paralegal Services), answering everyday questions about what really happens in Family Court. If you’re unsure what applies to your case, contact me for quick advice.

What a Ground Rules Hearing Is

A Ground Rules Hearing (GRH) is a short, practical hearing that takes place before evidence is given. It’s used when someone involved in the case — a party or a witness — is vulnerable because of issues like domestic abuse, fear, disability, or emotional distress.

The GRH sets the rules for fairness and safety: who can ask questions, what topics are appropriate, how long questioning will last, whether screens or separate entrances are needed, and when breaks will happen. Think of it as the court agreeing on the “rules of the game” before the main hearing starts.

The Legal Basis

Family Procedure Rules 2010, Part 3A – requires the court to identify vulnerable people and make participation directions.
Practice Direction 3AA §§5.2–5.7 – says a Ground Rules Hearing must be held before any vulnerable person gives evidence.
Re J (Children) [2018] EWCA Civ 115 – confirms a GRH is vital to fairness, especially when people represent themselves.
Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 – Sir Andrew McFarlane P stated that the judge, clerk, or lay justices should not conduct cross-examination unless all other options have failed, and that a GRH should always happen first to manage fairness.

When It’s Held

Most Ground Rules Hearings are held on the same day as the main hearing, usually in the same courtroom just before evidence begins.They’re short — around 10–20 minutes — but very important.

In larger or more complex cases (like long fact-findings), the court might list the GRH a few days or weeks earlier to arrange a QLR, gather written questions, or set up special measures (video link, separate waiting rooms, or screens).

What to Say and Ask

If you’re self-represented, you can ask the judge or clerk directly:

“Sir/Madam, before any evidence is given, may we have a short Ground Rules Hearing under Practice Direction 3AA to agree how questioning will be handled, so that the process is fair for both sides?”

Then ask that:

Written questions be used if possible.
The court confirms who will ask them (not the judge unless unavoidable).
Breaks and limits are agreed.
All decisions are recorded in the order.

If the judge refuses, ask politely for that refusal and the reasons to be written into the order.

If It Was Missed or Mishandled

If the court skipped a GRH or failed to record what was agreed:

Children Act cases (private law): use Form C2 to ask the court to record what happened and to list a short hearing for fairness directions.
Family Law Act cases (non-molestation or occupation orders): use Form D11 to make a similar request.
If you believe the process was unfair, you can appeal using Form N161 (within 21 days).

Key Points to Remember

A Ground Rules Hearing is mandatory when vulnerability or domestic abuse is involved.
It should happen before evidence starts, not during.
The judge, clerk, or lay justices must not conduct cross-examination unless every other option has failed — that’s the last resort under Re Z [2024] EWFC 22.
Always ask for the court’s decisions and reasons to be written into the order — it protects you later if fairness is questioned.

Helpful Phrase to Use

“Before we begin evidence, could we please hold a short Ground Rules Hearing under Practice Direction 3AA? It will help set clear and fair arrangements for questioni

By William Slivinsky, W-S Paralegal ServicesProfessional guidance and paralegal services for litigants in person.