PART 17STATEMENTS OF TRUTH

Documents to be verified by a statement of truth17.2

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 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

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.)