The Civil Procedure Rules 1998

PART 22 E+W STATEMENTS OF TRUTH

Contents of this Part

Documents to be verified by a statement of truth	Rule 22.1
Failure to verify a statement of case	Rule 22.2
Failure to verify a witness statement	Rule 22.3
Power of the court to require a document to be verified	Rule 22.4

Documents to be verified by a statement of truth E+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 [F3 their] application notice as evidence, [F4 it] 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 [F6 notice 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,

• where this is permitted by a relevant practice direction.

[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

F1 Rule 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)

F2 Words 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)

F3 Word 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)

F4 Word 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)

F5 Rule 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)

F6 Words 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)

F7 Rule 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

I1 Rule 22.1 in force at 26.4.1999, see Signature

Failure to verify a statement of case E+W

22.2—(1) If a party fails to verify [F8 their] 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).

Textual Amendments

F8 Word in rule 22.2(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(2)

Commencement Information

I2 Rule 22.2 in force at 26.4.1999, see Signature

Failure to verify a witness statement E+W

22.3  If the maker of a witness statement fails to verify [F9 it] by a statement of truth the court may direct that it shall not be admissible as evidence.

Textual Amendments

F9 Word in rule 22.3 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(3)

Commencement Information

I3 Rule 22.3 in force at 26.4.1999, see Signature

Power of the court to require a document to be verified E+W

22.4—(1) The court may order a person who has failed to verify a document in accordance with rule 22.1 to [F10 do so].

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

[F11 (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.)]

Textual Amendments

F10 Words in rule 22.4(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(4)(a)

F11 Words in rule 22.4 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(4)(b)

Commencement Information

I4 Rule 22.4 in force at 26.4.1999, see Signature