Statement of Truth Wording Picker

Statement of case or application notice

Claim form, particulars of claim, defence, reply, application notice relied on as evidence, notice of objections, certificate of reasons (CPR 22.1; PD 22 paras 1.1 and 2.1).

I believe that the facts stated in this claim form are true. I understand that proceedings for contempt of court may be brought against anyone 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.

Source: PD 22 para 2.1

Witness statement

Every witness statement, signed by the witness (CPR 22.1(1)(b) and (6)(b); PD 32 para 20.2).

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone 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.

Source: PD 32 para 20.2; PD 22 para 2.2

Expert’s report

An expert’s report, in its own form of statement of truth (PD 22 para 1.1(4); PD 35 para 3.3).

I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer. I understand that proceedings for contempt of court may be brought against anyone 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.

Source: PD 35 para 3.3

Certificate of service (Form N215)

A certificate of service must be verified (CPR 22.1(1)(d)); Form N215 prints its own wording.

I understand that 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. I believe that the facts stated in this form are true.

Source: Form N215 (06.26)

Certificate of suitability of litigation friend (Form N235)

Required by CPR 21.5(4); Form N235 (10.07) does not print it.

I believe that the facts stated in this certificate of suitability are true. I understand that proceedings for contempt of court may be brought against anyone 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.

Source: CPR 21.5(4); adapted from PD 22 para 2.1

Signer unable to read or sign (not a statement of truth)

Where the person who should sign cannot read or sign the document, other than because of language alone (CPR 22.1(9); PD 22 para 2.4).

I certify that I [name and address of authorised person] have read over the contents of this document and the declaration of truth to the person approving the document [if there are exhibits, add ‘and explained the nature and effect of the exhibits referred to in it’] who appeared to understand (a) the document and approved its content as accurate and (b) the declaration of truth and the consequences of making a false declaration, and made their mark in my presence

Source: PD 22 para 2.4

Disclosure statement (CPR 31) (not a statement of truth)

Standard disclosure: the list of documents includes a disclosure statement, not a statement of truth (CPR 31.10(5) to (7); PD 31A Annex).

The search

I, the above named claimant [or defendant] [if party making disclosure is a company, firm or other organisation identify here who the person making the disclosure statement is and why they are the appropriate person to make it] state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on ………… day of ………… . I did not search: (1) for documents predating ………., (2) for documents located elsewhere than ………., (3) for documents in categories other than ……….. (4) for electronic documents I carried out a search for electronic documents contained on or created by the following: [list what was searched and extent of search] I did not search for the following: (1) documents created before………., (2) documents contained on or created by the Claimant’s/Defendant’s PCs/portable data storage media/databases/servers/back-up tapes/off-site storage/mobile phones/laptops/notebooks/handheld devices/PDA devices (delete as appropriate), (3) documents contained on or created by the Claimant’s/Defendant’s mail files/document files/calendar files/spreadsheet files/graphic and presentation files/web-based applications (delete as appropriate), (4) documents other than by reference to the following keyword(s)/concepts………. (delete if your search was not confined to specific keywords or concepts).

Source: PD 31A Annex

The certificate

I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I certify that the list above is a complete list of all documents which are or have been in my control and which I am obliged under the said order to disclose.

Source: PD 31A Annex

Disclosure Certificate (Business and Property Courts)

Extended Disclosure under PD 57AD: the Disclosure Certificate in Appendix 4, which must include a statement, supported by a statement of truth, that all known adverse documents have been disclosed (PD 57AD para 12.1(1)).

The duties

I, [name] certify [for and on behalf of the above-named Party] that I am aware of and, to the best of my knowledge and belief, have complied with [my / Party's] duties under Practice Direction 57AD, including having: A) taken and caused to be taken reasonable steps to preserve documents in [the Party's] control that may be relevant to any issue in the proceedings; B) disclosed documents I am aware (or, in the case of a company or organisation, of which the company or organisation is aware, within the meaning of paragraph 2.9 of Practice Direction 57AD) are or have been in [my] or [the Party's / company's] control and adverse to [my/the Party's] case on any issue in the proceedings, unless they are privileged; C) [in the case of an order for Extended Disclosure of Model C, D or E only] undertaken and caused to be undertaken any search for documents in a responsible and conscientious manner to fulfil the stated purpose of the search and in accordance with [my/the Party's] obligations as set out in Practice Direction 57AD and [the Disclosure Order/s]; D) acted honestly in relation to the process of giving disclosure; E) used reasonable efforts to avoid providing documents to another party that have no relevance to the Issues for Disclosure in the proceedings. F) produced electronic copies of documents in their native format, in a manner which preserves metadata and produced disclosable hard copy documents by providing scanned versions or photocopied hard copies.

Source: PD 57AD Appendix 4

The Disclosure Order

I certify [on behalf of the Party] that I am aware of and, to the best of my knowledge and belief, have complied with the Disclosure Order.

Source: PD 57AD Appendix 4

The continuing duty

I understand that I [and Party] must inform the court and the other parties if any further document required to be disclosed (whether under Practice Direction 57AD or the Disclosure Order/s) comes into [the Party's] control at any time before the conclusion of the case.

Source: PD 57AD Appendix 4

The contempt warning

I am aware that proceedings for contempt of court can be brought against me if I sign a false Disclosure Certificate without an honest belief in its truth.

Source: PD 57AD Appendix 4

Costs budget (Precedent H)

A costs budget has its own form of statement of truth (PD 22 para 2.3).

This budget is a fair and accurate statement of incurred and estimated costs which it would be reasonable and proportionate for my client to incur in this litigation.

Source: PD 22 para 2.3

Bill of costs (Precedent F certificates) (not a statement of truth)

A bill carries the certificates in Precedent F, not a statement of truth (PD 47 para 5.21).

(1) Certificate as to accuracy

I certify that this bill is both accurate and complete and the costs claimed herein do not exceed the costs which the receiving party is required to pay me/my firm.

Source: Precedent F (1)

(2) Certificate as to interest and payments

I certify that: No rulings have been made in this case which affects my/the receiving party's entitlement (if any) to interest on costs. or The only rulings made in this case as to interest are as follows: [give brief details as to the date of each ruling, the name of the Judge who made it and the text of the ruling]. and No payments have been made by any paying party on account of costs included in this bill of costs. or The following payments have been made on account of costs included in this bill of costs: [give brief details of the amounts, the dates of payment and the name of the person by or on whose behalf they were paid]

Source: Precedent F (2)

Statement of costs for summary assessment (Form N260) (not a statement of truth)

The N260 ends with a signed certificate, not a statement of truth (PD 44 para 9.5(3)).

The costs stated above do not exceed the costs which the claimant is liable to pay in respect of the work which this statement covers. Counsel’s fees and other expenses have been incurred in the amounts stated above and will be paid to the persons stated.

Source: Form N260 (06.15)

Family: statement of case or application

Family proceedings: FPR 17.2 and PD 17A para 2.1, which put the contempt sentence first.

I understand that proceedings for contempt of court may be brought against anyone 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. I believe that the facts stated in this application form are true.

Source: FPR PD 17A para 2.1

Family: witness statement

Family proceedings: FPR 17.2(1)(b) and PD 17A para 2.2.

I understand that proceedings for contempt of court may be brought against anyone 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. I believe that the facts stated in this witness statement are true.

Source: FPR PD 17A para 2.2