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PART 22E+WSTATEMENTS OF TRUTH

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,

[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