Amendment of Part 2213
1
In rule 22.1—
a
for paragraph (1) substitute—
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.
b
omit the words in parentheses after paragraph (2);
c
in paragraph (3)—
i
for “his” substitute “their”
; and
ii
for “the application notice” substitute “it”
;
d
for paragraphs (4) and (5) substitute—
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.
e
in paragraph (6)(a), for “response” substitute “notice of objections to an account being taken by the court”
; and
f
after paragraph (8) insert—
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.
2
In rule 22.2(1), for “his” substitute “their”
.
3
In rule 22.3, for “the witness statement” substitute “it”
.
4
In rule 22.4—
a
in paragraph (1), for “verify the document” substitute “do so”
; and
b
after paragraph (2) insert—
(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.)