Civil Procedure Rules

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See also Practice Direction 22
Part | 22 |
| 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
22.1 |
(1) | The following documents must be verified by a statement of truth –
(a) | a statement of case;
(b) | a response complying with an order under rule 18.1 to provide further information;
(c) | a witness statement;
(d) | an acknowledgement of service in a claim begun by way of the Part 8 procedure;
(e) | a certificate stating the reasons for bringing a possession claim or a landlord and tenant claim in the High Court in accordance with rules 55.3(2) and 56.2(2); and
(f) | a certificate of service; and
(g) | 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.
(Part 17 provides for amendments to statements of case)
(3) | If an applicant wishes to rely on matters set out in his application notice as evidence, the application 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; or
(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;
(b) | a response; or
(c) | 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, a response 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.
Failure to verify a statement of case
22.2 |
(1) | If a party fails to verify his 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 statement
22.3 |
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 verified
22.4 |
(1) | The court may order a person who has failed to verify a document in accordance with rule 22.1 to verify the document.
(2) | Any party may apply for an order under paragraph (1).

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