2.2A The form of the statement of truth to verify a cost budget should be as follows: 1. The statement of truth states: “I believe that the facts stated in this document [for example, a statement] are true.” Therefore, a person who signs it must believe that the content of the document is true. Whether you are a plaintiff, a defendant, a witness or an expert, the CPP requires that various documents be verified with a statement of truth. This includes pleadings, disclosure statements, cost statements and witness statements. The amendments to paragraph 2 of Practice Statement 22 concern declarations of truthfulness. The form of the statement of facts used to verify a statement, reply, notice of application or communication of objections should now be as follows, with the new words prescribed in italics: an authorized person must submit an additional certificate to the court if a document containing a truthful statement is to be signed by an illiterate woman (22PD.3A). It is now clear that 22PD.3A does not apply to people with language difficulties. The title of the rule has been updated to exclude those who cannot read due to language alone. A person who makes a false statement of truth has always been in danger of being held liable for contempt of court.
However, the changes to the CPP mean that this is now explicit, and it will no longer be possible for someone who signs a statement of truth to claim that they were not aware of the consequences. 1. The signatory indicates in its capacity as signatory; Before signing a statement of truth, you should take note of the following: 5 Reference is made to rule 32.14, which sets out the consequences of considering a statement containing false testimony without honest faith in its truthfulness, and to the procedures set out in Part 81 – Applications and Proceedings for Contempt of Court – Applications and Proceedings for Contempt of Court. 1.3 An expert report must also be verified by a truthful statement. For the form of truthful determination for the consideration of an expert report (which differs from those presented below), see Practice Statement 35. Certain circumstances mean that a lawyer can sign a statement of truth for and on behalf of his client if asked. However, it is recommended that the client always sign the statement of truth whenever possible. “This budget is a fair and accurate representation of the costs incurred and estimated that would be reasonable and proportionate to my client in this litigation.” In the past, many documents that are now verified by a statement of truth were in the form of an affidavit. The main difference between them is that persons verified by a statement of truth in testimony do not need to be attested, whereas an affidavit must be sworn in before a lawyer or commissioner of oaths. The person taking the oath on the affidavit should swear on the Bible or confirm that the contents of the affidavit and all documents issued in it are true.
Affidavits must continue to be made under oath in certain circumstances, including applications for freezing and search warrants and commission proceedings. Swearing an affidavit without honestly believing its veracity will have the same consequences as signing a false truth. In certain circumstances, a false statement in a document confirmed by a statement of truth may give rise to liability for contempt of court. A person can be prosecuted for contempt of court if he or she makes or causes to be made a false statement without honestly believing in its truth. Failure to comply with the court may result in a fine and/or imprisonment and/or confiscation of assets. The standard wording of a statement of truth is similar to the following examples: The statement of truth on certain documents, including pleadings (application forms, statement, defence, reply and other information) and witness statements, must also contain specific wording indicating that the person understands the meaning of the statement, for example: “I understand that contempt of court proceedings against anyone who makes or causes to be made a false statement in a document verified by a statement of truth without having an honest belief in its truth. A truthful statement is a statement signed by a party or its legal representative to verify that the content of the document mentioned is true. It is usually displayed at the end of the document to be reviewed. Attention is drawn to the consequences of signing a false statement of truth (see below).
The statement of truth must take the following form: According to court rules in England and Wales, certain documents must contain a statement of truth in order to verify an honest belief in the accuracy of the content. “[I believe] [the applicant or, as a possibility] believes] that the facts set out in this [name document to be verified] are true. I understand] [The applicant or anything else) understands that contempt of court proceedings can be instituted against anyone who makes or causes to be made a false statement in a document verified by a statement of truth without honestly believing in his truth. 4.2 Either party may request the Court to order the cancellation of the application unless, within a period to be determined by the Court, the application is examined by service of a statement of truth. The court would expect the person signing the statement of truth to have personal knowledge of the contents of the document or to be responsible for managing those who have knowledge of the content. 4.1 If a statement is not verified by a statement of truth, the statement remains in force unless it is deleted,5 but a party may not invoke the contents of a statement as evidence until it has been verified by a statement of truth. The amendments to the statements of truth should be read in conjunction with the amendments to Practice Direction 32, which clarifies the rules relating to the testimony of non-English speakers. These amendments to the CPP remove uncertainty regarding the CPP-compliant testimony requirements for non-English speakers.
Previously, Practice Guidelines 22 and 32 contained little guidance on these testimonies. 3.3 A statement of truth proving a notice of opposition to an Account must be signed by the opposing party or its legal representative. 3.6An insurer or the Bureau of Automobile Insurance may, on behalf of a party, sign a truthful statement in a statement of claim if it has a financial interest in the outcome of a proceeding by or against that party. 2.3 If the statement of truth is contained in a separate document, the document containing the statement of truth must bear the title of the proceedings and the file number. The document to be verified must be identified in the statement of truth as follows: An agent who manages real estate or investments for the party cannot sign a statement of truth. It must be signed by the party or its legal representative. 2.1 The form of the statement of truth for the purpose of verifying a statement, reply, statement, statement of reasons or statement of objections should be as follows: Similarly, the form of the statement of truth to verify a witness statement should now be as follows (and provided in the language of the testimony): If a document is to be verified by a corporation, the statement of truth must be signed by an officer who is sufficiently familiar with the matters set out in the document to positively promote an honest belief. The pitfalls of not signing a truthful declaration mean that a document will remain in force if it is not deleted, but the party cannot rely on the content of the document until it has been verified by a signature (CPR 22.2). Therefore, failure to sign a truthful statement will not automatically result in your file being abandoned, but it will likely result in unnecessary delays in litigation. If you do not sign a statement of truth, you may be exposed to notices of application from the other party asking the court for leave to discontinue the case on the grounds that a document has not been verified in accordance with the CPP. Not only is it at the discretion of the judge to decide whether or not to dismiss your case, but you may incur additional legal costs to defend such a claim. Many documents may be signed by a party`s legal representative on its behalf, but a statement (confirming that a party has understood and complied with its obligations to disclose documents) must be signed by the party or, in the case of a corporation, by an appropriate person.
Only the person who testifies can sign the statement of truth. A witness statement must be signed by the person making the statement. The judge considered one of the arguments in favor of deletion – that the lawyer had signed the defense but had not used the correct truthful statement. Failure to sign, or knowingly, a truthful statement that you know contains false evidence may be detrimental to the success of your litigation. In addition, criminal proceedings may be initiated against you or your company. Contempt of court proceedings may be instituted against a person who makes or causes to be made a false statement in a document verified by a statement of truth without honestly believing in its truthfulness.
