The Family Procedure Rules 2010

Documents to be verified by a statement of truth E+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 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) 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.)