The Family Procedure Rules 2010

PART 17 E+W STATEMENTS OF TRUTH

[F1 Interpretation E+W

17.1.— [F2 (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—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (c) an application under Article 10 of the 2007 Hague Convention using the Financial Circumstances Form.]

[F6 (2) In this rule, “Financial Circumstances Form” has the meaning given to it in rule 9.3(1).]

(Rule 4.1 defines “statement of case” for the purposes of Part 4.)]

Textual Amendments

F1 Rule 17.1 substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 14

F2 Rule 17.1 renumbered as rule 17.1(1) (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(a)

F3 Rule 17.1(1)(a) omitted (7.8.2017) by virtue of The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 8 (with rule 9)

F4 Rule 17.1(1)(b) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 11(2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Rule 17.1(c) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(c)

F6 Rule 17.1(2) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 14(d)

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

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;

F7 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(g) any other document where a [F8 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) [F9 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 F10 ..., 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. (Practice Direction 17A sets out the form of statement of truth.)

[F11 (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—

F12 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F7 Rule 17.2(1)(e) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 43(a)

F8 Words in rule 17.2(1)(g) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 15(a)

F9 Words in rule 17.2(3) substituted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 15(b)

F10 Words in rule 17.2(6)(b) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 43(b)

F11 Rule 17.2(10) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 15(c)

F12 Rule 17.2(10)(a) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 11(3); 2020 c. 1, Sch. 5 para. 1(1)

Failure to verify a statement of case E+W

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 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 E+W

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 E+W

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 E+W

17.6.—(1) Proceedings for contempt of court may be 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.

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Rule 17.6(3) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 63 (with rule 137); S.I. 2014/954, art. 2