The Academy recommends as best practice that at the end of every Expert's Report there should be a Declaration by the Expert Witness clearly setting out the Expert's understanding of his role, duties and an acknowledgement that he has complied with all appropriate rules and requirements.
For England & Wales TAE has published four Declarations for use in:
Following the 76th Update of CPR coming into force on 1st December 2015 there is also a declaration which should be appended to the end of a Joint Statement following the Discussions of Experts. The statement is available here.
Statements of Truth
Under the Civil Procedure Rules [CPR] of England and Wales, the Criminal Procedure Rules [CrimPR] and the Family Procedure Rules [FPR] there are mandatory requirements that the Expert must enclose a Statement of Truth, as shown below, in their report.
Statement of Truth in Civil Proceedings - effective 1st October 2009
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.
Statement of Truth in Family Proceedings - effective 1st October 2014
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.*
* Where the report is for use in Children Proceedings the following must be added "I also confirm that I have complied with the Standards for Expert Witnesses in Children Proceedings in the Family Court which are set out in the Annex to Practice Direction 25B- The Duties of an Expert, the Expert’s Report and Arrangements for an Expert to Attend Court."
Statement of Truth in Criminal Proceedings
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.