PART 22E+WSTATEMENTS OF TRUTH
Contents of this Part
| Documents to be verified by a statement of truth | Rule 22.1 |
| Failure to verify a statement of case | Rule 22.2 |
| Failure to verify a witness statement | Rule 22.3 |
| Power of the court to require a document to be verified | Rule 22.4 |
Documents to be verified by a statement of truthE+W
22.1—[F1(1) 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 using the Part 8 procedure;
(d)a certificate of service;
(e)a contempt application under Part 81; and
(f)any other document where a rule or practice direction requires.]
(2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.
F2...
(3) If an applicant wishes to rely on matters set out in [F3their] application notice as evidence, [F4it] must be verified by a statement of truth.
[F5(4) A statement of truth is a statement that the maker believes the facts stated in the document to which the statement refers are true.
(5) If a party has a litigation friend, the statement of truth in a statement of case or an application notice is a statement that the litigation friend believes the facts stated in it are true.]
(6) The statement of truth must be signed by—
(a)in the case of a statement of case, a [F6notice of objections to an account being taken by the court] or an application—
(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, 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 relevant practice direction.
[F7(9) Where a document containing a statement of truth is to be signed by a person who is unable to read or sign the document other than by reason of language alone—
(a)it must contain a certificate made by an authorised person (who is able to administer oaths and take affidavits but need not be independent of the parties or their representatives); and
(b)the authorised person must certify that—
(i)the document has been read to the person approving it;
(ii)that person appeared to understand it and approved its content as accurate;
(iii)the declaration of truth has been read to that person;
(iv)that person appeared to understand the declaration and the consequences of making a false declaration; and
(v)that person signed or made their mark in the presence of the authorised person.]
Textual Amendments
F1Rule 22.1(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(a)
F2Words in rule 22.1 omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(b)
F3Word in rule 22.1(3) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(c)(i)
F4Word in rule 22.1(3) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(c)(ii)
F5Rule 22.1(4)(5) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(d)
F6Words in rule 22.1(6)(a) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(e)
F7Rule 22.1(9) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(1)(f)
Commencement Information
I1Rule 22.1 in force at 26.4.1999, see Signature
Failure to verify a statement of caseE+W
22.2—(1) If a party fails to verify [F8their] 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).
Textual Amendments
F8Word in rule 22.2(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(2)
Commencement Information
Failure to verify a witness statementE+W
22.3 If the maker of a witness statement fails to verify [F9it] by a statement of truth the court may direct that it shall not be admissible as evidence.
Textual Amendments
F9Word in rule 22.3 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(3)
Commencement Information
Power of the court to require a document to be verifiedE+W
22.4—(1) The court may order a person who has failed to verify a document in accordance with rule 22.1 to [F10do so].
(2) Any party may apply for an order under paragraph (1).
[F11(Rule 32.14 states that verifying a statement of case containing a false statement without an honest belief in its truth may result in proceedings for contempt of court.)]
Textual Amendments
F10Words in rule 22.4(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(4)(a)
F11Words in rule 22.4 inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 13(4)(b)
Commencement Information