PART 22STATEMENTS OF TRUTH

Documents to be verified by a statement of truthI122.1

F31

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.

F1...

3

If an applicant wishes to rely on matters set out in F5their application notice as evidence, F6it must be verified by a statement of truth.

F44

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 F7notice 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.

F29

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.