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PART 17E+WSTATEMENTS OF TRUTH

Documents to be verified by a statement of truthE+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 [F1court order,] 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) [F2Subject to paragraph (10), 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.)

[F3(10) Notwithstanding paragraph (3), and subject to any direction given under rule 9.14(2A) or rule 9.19(2A), the court may permit a party to rely upon matters set out in an application form which has not been verified by a statement of truth as evidence where the application has been made under—

(a)Article 56 of the Maintenance Regulation on the form in Annex VI or VII to that Regulation; or

(b)Article 10 of the 2007 Hague Convention on an Article 11 form.]

Textual Amendments