PART 22STATEMENTS OF TRUTH

Documents to be verified by a statement of truthI122.1

F11

The following documents must be verified by a statement of truth—

a

a statement of case;

b

a response complying with an order under rule 18.1 to provide further information;

c

a witness statement;

d

an acknowledgement of service in a claim begun by way of the Part 8 procedure; F2...

e

a certificate stating the reasons for bringing a possession claim or a landlord and tenant claim in the High Court in accordance with rules 55.3(2) and 56.2(2); F3...

F4f

a certificate of service; and

g

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.

(Part 17 provides for amendments to statements of case)

3

If an applicant wishes to rely on matters set out in his application notice as evidence, the application 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; F5...

b

in the case of a witness statement, the maker of the witness statementF6... F7; 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;

b

a response; or

c

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, a response 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.