PART 17E+WSTATEMENTS OF TRUTH
[F1InterpretationE+W
17.1.— [F2(1)] In this Part “statement of case” has the meaning given to it in Part 4 except that a statement of case does not include—
(a)an application for a matrimonial or a civil partnership order or an answer to such an application;
(b)an application under Article 56 of the Maintenance Regulation made on the form in Annex VI or VII to that Regulation[F3;]
[F4(c)an application under Article 10 of the 2007 Hague Convention using the Financial Circumstances Form.]
[F5(2) In this rule, “Financial Circumstances Form” has the meaning given to it in rule 9.3(1).]
(Rule 4.1 defines “statement of case” for the purposes of Part 4.)]
Textual Amendments
F1Rule 17.1 substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 14
F2Rule 17.1 renumbered as rule 17.1(1) (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(a)
F3Rule 17.1(b): semicolon substituted for full stop (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(b)
F4Rule 17.1(c) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(c)
F5Rule 17.1(2) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(d)
Documents to be verified by a statement of truthE+W
17.2.—(1) Subject to paragraph (9), the following documents must be verified by a statement of truth—
(a)a statement of case;
(b)a witness statement;
(c)an acknowledgement of service in a claim begun by the Part 19 procedure;
(d)a certificate of service;
(e)a statement of arrangements for children;
(f)a statement of information filed under rule 9.26(1)(b); and
(g)any other document where a [F6court order,] rule or practice direction requires it.
(2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.
(3) [F7Subject to paragraph (10), if] an applicant wishes to rely on matters set out in the application form or application notice as evidence, the application form or notice must be verified by a statement of truth.
(4) Subject to paragraph (5), a statement of truth is a statement that—
(a)the party putting forward the document;
(b)in the case of a witness statement, the maker of the witness statement; or
(c)in the case of a certificate of service, the person who signs the certificate,
believes the facts stated in the document are true.
(5) If a party is conducting proceedings with a litigation friend, the statement of truth in—
(a)a statement of case; or
(b)an application notice,
is a statement that the litigation friend believes the facts stated in the document being verified are true.
(6) The statement of truth must be signed by—
(a)in the case of a statement of case—
(i)the party or litigation friend; or
(ii)the legal representative on behalf of the party or litigation friend; and
(b)in the case of a witness statement or statement of arrangements for children, the maker of the statement.
(7) A statement of truth, which is not contained in the document which it verifies, must clearly identify that document.
(8) A statement of truth in a statement of case may be made by—
(a)a person who is not a party; or
(b)by two parties jointly,
where this is permitted by a practice direction.
(9) An application that does not contain a statement of facts need not be verified by a statement of truth. (Practice Direction 17A sets out the form of statement of truth.)
[F8(10) Notwithstanding paragraph (3), and subject to any direction given under rule 9.14(2A) or rule 9.19(2A), the court may permit a party to rely upon matters set out in an application form which has not been verified by a statement of truth as evidence where the application has been made under—
(a)Article 56 of the Maintenance Regulation on the form in Annex VI or VII to that Regulation; or
(b)Article 10 of the 2007 Hague Convention on an Article 11 form.]
Textual Amendments
F6Words in rule 17.2(1)(g) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 15(a)
F7Words in rule 17.2(3) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 15(b)
F8Rule 17.2(10) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 15(c)
Failure to verify a statement of caseE+W
17.3.—(1) If a party fails to verify that party's statement of case by a statement of truth—
(a)the statement of case shall remain effective unless struck out; but
(b)the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).
Failure to verify a witness statementE+W
17.4. If the maker of a witness statement fails to verify the witness statement by a statement of truth, the court may direct that it shall not be admissible as evidence.
Power of the court to require a document to be verifiedE+W
17.5.—(1) The court may order a person who has failed to verify a document in accordance with rule 17.2 to verify the document.
(2) Any party may apply for an order under paragraph (1).
False statementsE+W
17.6.—(1) Proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
(2) Proceedings under this rule may be brought only—
(a)by the Attorney General; or
(b)with the permission of the court.
(3) This rule does not apply to proceedings in a magistrates' court.