PART 17 - STATEMENTS OF TRUTH

Part 17 STATEMENTS OF TRUTH

Interpretation

17.1

(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 –

(a) omitted;

(b) an application under Article 56 of the Maintenance Regulation made on the form in Annex VI or VII to that Regulation;

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

(Rule 4.1 defines ‘statement of case’ for the purposes of Part 4.)

(2) In this rule, ‘Financial Circumstances Form’ has the meaning given to it in rule 9.3(1).

Documents to be verified by a statement of truth

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;

(e) omitted

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

(g) any other document where a court 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) Subject 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 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.

(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 –

(a) Article 56 of the Maintenance Regulation on the form in Annex VI or VII to that Regulation; or

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

(Practice Direction 17A sets out the form of statement of truth.)

Failure to verify a statement of case

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 strikeout(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

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 verified

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 statements

17.6

(1) Proceedings for contempt of court maybe 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.

Ministry of Justice

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