Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

Statement of truth

21. (1) Subject to subsection (2), where, in civil proceedings—

(a) evidence is to be given on, or a document or information is to be verified by, affidavit or statutory declaration, and

(b) a document may be lodged or filed, or is required to be lodged or filed, or an application may be made, or is required to be made, by electronic means in accordance with section 20 ,

rules of court may, notwithstanding any other enactment or rule of law, make provision for a statement, which shall be known as a statement of truth, to be made and transmitted by electronic means in place of the affidavit or statutory declaration concerned and subject to such conditions and exceptions as may be specified by such rules.

(2) A statement of truth—

(a) may be in electronic form,

(b) shall contain a statement that the person making the statement of truth has an honest belief that the facts stated therein are true,

(c) may be signed by the person making it by that person entering his or her name in an electronic format or otherwise electronically as may be permitted by rules of court, and

(d) shall comply with any other requirements as to its content, verification, authentication or form as may be prescribed by rules of court.

(3) Where rules of court have made provision for the matters referred to in subsection (1), any reference in any enactment to an affidavit or a statutory declaration shall be construed as including a reference to a statement of truth which may be made in place of such affidavit or statutory declaration by virtue of that subsection.

(4) Without prejudice to the law as to contempt of court, a person who makes, or causes to be made, a statement in a statement of truth without an honest belief as to the truth of that statement shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both.