Experts in England and Wales are in the unhappy position of having to use different Statements of Truth in reports directed at the civil, crime and family courts. To help you get the wording correct every time, we list exactly what is required below.
Reports written for cases covered by the Civil Procedure Rules
Date introduced: 1 October 2009 (CPR Update 50)
Date updated: 1 October 2020 (CPR Update 124)
Relevant rules: CPR 35 PD 3.2.9, CPR 35 PD 3.3
All that the CPR require is a statement embodying the declarations in CPR PD 3.2.9 and the mandatory wording of the Statement of Truth in CPR PD 3.3. The following three paragraphs achieve this.
I understand that my overriding duty is to the court and I have complied with that duty. I am aware of the requirements of CPR Part 35, its practice direction and the CJC Guidance for the instruction of experts in civil claims.
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.
Reports written for cases covered by the Family Procedure Rules
Date introduced: 30 January 2013
Relevant rules: FPR PD 25B 9.1(i)
The Family PD requires four declarations (PD 3.11 and PD 3.12) and the mandatory wording of a Statement of Truth. The following two paragraphs achieve this.
I am aware of the requirements of FPR Part 25 and associated practice directions, I understand that my overriding duty is to the court and I have complied with, and will continue to comply with, that duty. I have no conflict of interest of any kind.
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 confirmto be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.
Obviously, if you do have a conflict of interest you need to consider the further guidance in PD 9.1i(ii-iv) and modify the second sentence of this declaration accordingly.
Where the report relates to children proceedings, the form of statement of truth must also include:
Reports written for cases covered by the Criminal Procedure Rules
Date introduced: CrimPR update November 2016
Relevant rules: CrimPR 19.4 and CrimPR PD 19B
CrimPr 19.4(j) and (k) require that expert reports contain:
As of November 2016, the CrimPR now provides specific guidance on what should be included, split into a set of declarations and a statement of truth. Unlike the civil arena, however, the wording is not mandatory, but it should be in the following terms, or in terms substantially the same.
The declarations are:
I (name) DECLARE THAT:
The statement of truth is:
I confirm that the contents of this report are true to the best of my knowledge and belief and that I make this report knowing that, if it is tendered in evidence, I would be liable to prosecution if I have wilfully stated anything which I know to be false or that I do not believe to be true.
The position in Scotland
According to the Professional Practice Helpline of the Law Society of Scotland, there is no requirement for a statement of truth on expert witness reports prepared for use in Scottish courts. Scottish courts rely far more on the oral evidence from expert witnesses, which will be given under oath.