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Superior Court Rule

Order 40A - Statements of Truth

Statements of Truth [1]

I. General

1. In this Order, “relevant document” has the same meaning as in section 2 of the Statutory Declarations Act 1938.


2.  (1) Where any affidavit is required or permitted to be lodged or filed or delivered in any proceedings in which digital delivery is for the time being authorised in accordance with Order 117:

(a) the lodgment or filing of a statement of truth shall satisfy any obligation to lodge or, as the case may be, to file an affidavit;

(b) the service of a statement of truth shall satisfy any obligation to serve an affidavit;

(c) the party or person concerned may make and transmit a statement of truth in lieu of swearing and filing an affidavit; and

(d) the provisions of this Order shall apply to every such statement of truth.

 

(2) This Order applies to statements of truth whether made within or outside the State.

3. The provisions of these Rules which confer an entitlement to cross-examine, or to apply to cross-examine, the deponent to any affidavit shall apply mutatis mutandis to the maker of any statement of truth. The Court may, on the application of any party, order the attendance for cross-examination of the maker of any such statement of truth.

4. (1) A statement of truth:

(a) may only be made within the network, in accordance with the terms and conditions of use for the time being in effect concerning the network, and any instructions for the maker provided on the network;

(b) shall be made by being signed by the maker using an electronic signature;

(c) shall include each of the following statements:

“- I have an honest belief that the facts stated in this Statement of Truth are true.

- I understand that it is a crime to make a Statement of Truth if I do not honestly believe it is true.

- I understand that if I make a false Statement of Truth, I may have to go to prison, pay a fine, or both.”
(2) Where any document is intended to be exhibited to a statement of truth:


(a) in any case in which exhibits are required to be transmitted to the network with the statement of truth, the statement of truth shall identify the exhibit or sequence of exhibits, or

(b) in any other case, the maker shall, prior to signing the statement of truth, mark each exhibit for identification purposes by signing or as otherwise provided in any practice direction, and each such exhibit is subject to the requirements of rule 6.

5. (1) A statement of truth may only be filed by being transmitted, in accordance with the terms and conditions of use for the time being in effect concerning the network, and any instructions for the filing of statements of truth provided on the network, by a digital user:

(a) who is a solicitor or which is a firm of solicitors or a legal partnership for the time being on record for the maker of the statement of truth concerned or, as the case may be, the party on whose behalf the statement of truth concerned is made, and who has or which has verified the identity of the maker of the statement of truth concerned;

(b) who is a natural person on whose behalf as a party to proceedings the statement of truth concerned is made and who has verified the identity of the maker of the statement of truth concerned; or

(c) who is a natural person making the statement of truth concerned on his or her own behalf as a party to proceedings in which the statement of truth concerned is made.


(2) Where a solicitor makes a statement of truth on behalf of a client to ground an application in proceedings in which the solicitor has no personal interest, it shall not be necessary for the solicitor’s identity to be independently verified and it shall suffice for the solicitor to provide his or her Law Society solicitor number.

6. (1) Notwithstanding sub-rules (2) and (3), it shall be and remain the obligation of the party filing any statement of truth to retain all exhibits to any statement of truth, which remain subject to the directions of any court before which such statement of truth is, or may be, relied upon or opened.

(2) Where so required by practice direction, copies of each exhibit to a statement of truth shall be uploaded to the network when the statement of truth concerned is transmitted for filing on the network. Such copies shall be made available on the network to the parties and the Court only for such period as is provided in the terms and conditions for use of the network, and may thereafter, subject to the direction of the Court, any practice direction and any other requirement of law, be deleted from the network.


(3) In any case in which sub-rule (2) does not apply, and where the network so facilitates, the parties may agree to upload to the network copies of exhibits. Such copies shall be made available on the network to the parties and the Court only for such period as is provided in the terms and conditions for use of the network, and may thereafter, subject to the direction of the Court, any practice direction and any other requirement of law, be deleted from the network.

7. (1) A statement of truth filed by a digital user mentioned in rule [5(i)(a)] shall, unless rule 5(2) applies, include or have associated with it a certificate that a named solicitor has satisfied himself or herself of the identity of the maker by reference to a relevant document, or that the maker is personally known to a named solicitor.

(2) A statement of truth filed by a digital user mentioned in rule [5(i)(b)] shall include or have associated with it a certificate that the person filing the statement of truth has satisfied himself or herself of the identity of the maker by reference to a relevant document, or that the maker is personally known to the person filing the statement of truth.
(3) Nothing in this rule limits the power of a court to inquire into the circumstances in which a statement of truth was made or to require or permit further evidence to be given of the matters contained in a statement of truth.


8. The filing of a statement of truth in accordance with rule 5 shall satisfy any requirement of these Rules for the filing of an affidavit in a court office.

9. Where a special time is limited for filing any statement of truth, no statement of truth filed after that time shall be used, unless by leave of the Court.

II. Formal requirements

10. Every statement of truth shall be entitled in the same form as would be used in an affidavit sworn in the cause or matter concerned, or shall capture and confirm the title and record number of the cause or matter as recorded on the network.

11. A statement of truth shall be confined to such facts as the maker is able of his or her own knowledge to prove, and shall state the maker’s means of knowledge thereof, except on interlocutory motions, on which statements as to the maker’s belief, with the grounds thereof, may be admitted. The costs of any statement of truth which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall not be allowed.

12. Every statement of truth shall capture or record the date on which it is made and the place where it is made.

13. (1) Every statement of truth shall state the description, trade, profession or employment of the maker and:

(i) the maker’s place of business, trade, profession or employment; or
(ii) the true place of abode of the maker.
(2) Every statement of truth shall state that the maker is over 18 years of age, but if the maker is under 18 years of age, the statement of truth shall state the maker’s exact age.


14. There shall be included in or associated with every statement of truth a record showing on whose behalf it is filed, and no statement of truth shall be used without such record, unless the Court shall otherwise direct.

15. The Court may order to be struck out from any statement of truth any matter which is scandalous and may order the costs of any application to strike out such matter to be paid as between legal practitioner and client.

16. The Court may receive any statement of truth made for the purpose of being used in any cause or matter notwithstanding any defect or irregularity in its form, and may direct the proper officer to endorse a memorandum on the statement of truth (which may be done by electronic means) that it has been so received.

17. (1) Statements of truth may be made only in a language supported by the network.

(2) A person who is not capable of making a statement of truth in a language supported by the network may swear a foreign language affidavit in accordance with Order 40, and the translator may make a statement of truth in which:
(i) the translator sets out his or her qualifications as a translator;
(ii) copies of the foreign language affidavit and the translator’s original translation thereof are exhibited; and
(iii) the translator confirms that the translation is accurate.


III. Particular types and uses of statement of truth and use of statements of truth at trial

18. (1) The provisions of rules 25 to 27 inclusive in Part III of Order 40 shall apply mutatis mutandis to statements of truth.

(2) The provisions of rules 28, 29 and 31 in Part IV of Order 40 shall apply mutatis mutandis to statements of truth.

(3) The provisions of rules 33 to 38 inclusive in Part V of Order 40 shall apply mutatis mutandis to statements of truth.

 

[1] Order 40A inserted by SI 13 of 2025 effective from 31 January 2025