The Court of Protection Rules 2017

Documents required to be verified by a statement of truth E+W

5.2.—(1) The following documents must be verified by a statement of truth—

(a) an application form, an application notice, an appellant's notice or a respondent's notice, where the applicant (or appellant or respondent as the case may be) seeks to rely upon matters set out in the document as evidence;

(b) a witness statement;

(c) a certificate of—

(i) service or non-service; or

(ii) notification or non-notification;

(d) a deputy's declaration; and

(e) any other document required by a rule or practice direction to be so verified.

(2) Subject to paragraph (3), 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 referred to in paragraph (1)(c), the person who signs the certificate,

believes that the facts stated in the document being verified are true.

(3) If a party is conducting proceedings with a litigation friend, the statement of truth in—

(a) an application form;

(b) an application notice; or

(c) an appellant's notice or a respondent's notice,

is a statement that the litigation friend believes that the facts stated in the document being verified are true.

(4) The statement of truth must be signed—

(a) in the case of an application form, an application notice, an appellant's notice or a respondent's notice—

(i) by the party or litigation friend; or

(ii) by the legal representative on behalf of the party or litigation friend; and

(b) in the case of a witness statement, by the maker of the statement.

(5) A statement of truth which is not contained in the document which it verifies must clearly identify that document.

(6) A statement of truth in an application form, an application notice, an appellant's notice or a respondent's notice may be made by—

(a) a person who is not a party; or

(b) two or three parties jointly,

where this is permitted by a relevant practice direction.