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PART 17E+WSTATEMENTS OF TRUTH

[F1InterpretationE+W

17.1.— [F2(1)]  In this Part “statement of case” has the meaning given to it in Part 4 except that a statement of case does not include—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(c)an application under Article 10 of the 2007 Hague Convention using the Financial Circumstances Form.]

[F6(2) In this rule, “Financial Circumstances Form” has the meaning given to it in rule 9.3(1).]

(Rule 4.1 defines “statement of case” for the purposes of Part 4.)]

Textual Amendments

F2Rule 17.1 renumbered as rule 17.1(1) (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(a)

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;

F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a statement of information filed under rule 9.26(1)(b); and

(g)any other document where a [F8court 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) [F9Subject 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 F10..., 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.)

[F11(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—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F7Rule 17.2(1)(e) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 43(a)

F10Words in rule 17.2(6)(b) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 43(b)

Failure to verify a statement of caseE+W

17.3.—(1) If a party fails to verify that party's statement of case by a statement of truth—

(a)the statement of case shall remain effective unless struck out; but

(b)the party may not rely on the statement of case as evidence of any of the matters set out in it.

(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.

(3) Any party may apply for an order under paragraph (2).

Failure to verify a witness statementE+W

17.4.  If the maker of a witness statement fails to verify the witness statement by a statement of truth, the court may direct that it shall not be admissible as evidence.

Power of the court to require a document to be verifiedE+W

17.5.—(1) The court may order a person who has failed to verify a document in accordance with rule 17.2 to verify the document.

(2) Any party may apply for an order under paragraph (1).

False statementsE+W

17.6.—(1) Proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(2) Proceedings under this rule may be brought only—

(a)by the Attorney General; or

(b)with the permission of the court.

F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments