Rule 22.1 Documents to be verified by a statement of truthI1

England and Wales

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 F3their application notice as evidence, F4it 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 F6notice 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.

Annotations

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

I1: Rule 22.1 in force at 26.4.1999, see Signature