Statements of truth: expanding use

Dr Brian Hunt analyses reforms to utilise statements of truth more widely in Ireland's justice system.

Published: By Dr Brian Hunt, Director of Policy
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  • Courts
  • Policy

Brian Hunt Policy Director

As part of the Courts Service modernisation drive, new IT systems are being developed to enable wider use of statements of truth.

These systems envisage a two-stage process, whereby the solicitor uploads a draft statement of truth, and the client separately verifies the statement.

  • Statutory declarations and affidavits are written statements that are made voluntarily by a person in the presence of a solicitor, or another person authorised to administer oaths and/or affirmations (such as a commissioner for oaths, a judge, or a peace commissioner). Statutory declarations and affidavits are used to provide evidence to the court, or in support of statements that may be required by Irish law. Statutory declarations are often used where the facts or deeds must be proven outside of court proceedings.
  • Statements of truth were first introduced in Section 21 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (the 2020 Act) for use in civil proceedings. Statements of truth are a modernised, electronic alternative to a statutory declaration or affidavit.

Statements of truth are declarations confirming the facts stated in a document are true. It may be in electronic form, and state that the deponent making the statement has an honest belief that the facts, as stated, are correct. The deponent must then sign the statement physically or electronically.

  1. 21 of the 2020 Act empowers Court Rules Committees to make rules providing for a statement of truth as an alternative means of submitting evidence or verifying documents to the swearing of an affidavit or statutory declaration in civil proceedings only.

Statements of truth may eventually be used in place of oaths and affidavits in a wide variety of legal contexts.

Enabling use in conveyancing

Statutory declarations and affidavits are used widely in conveyancing: For example, they are used to support section 72 declarations and applications to the Land Registry.

Despite this, Statements of truth are currently not permitted in the conveyancing process. The Government’s 'Housing for All Expert Group on Conveyancing and Probate' published its report in June 2024. The Report recommends enabling the use of statements of truth in the conveyancing process, including by amending the Statutory Declarations Act 1938 to permit electronic/digital signatures and by amending the Registration of Title Act 1964 to remove a requirement for wet ink signatures for the registration of real estate.

  • The Minister for Justice committted (in December 2025) to facilitate the introduction of these recommendations.

Reform proposals in criminal law

Currently affidavits and statutory declarations are used in certain criminal cases (where, for example, a statutory declaration may be made by a person in support of a statement made to the gardaí during the investigation of an arrestable offence under Section 17 of the Criminal Justice Act 2006).

There are ongoing reform proposals to allow the use of statements of truth in criminal and international cooperation proceedings. For example, the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 sought to allow for the electronic transmission of documents and the adoption of statements of truth as an alternative to statutory declarations in criminal proceedings.

  • The Bill published in January 2026 excluded these provisions: It is unclear whether or not Government intends to introduce statements of truth in the context of criminal proceedings.

Digital alternative in probate

Affidavits and oaths are also used in Probate proceedings.

For example, affidavits of attesting witness (where there is a problem in relation to the execution and witnessing of the will); the affidavit of plight and condition (where there is a problem with the condition of the will); and the affidavit of testamentary capacity (where there is a concern whether or not the person making the will had the capacity to do so).

In September 2020, the most common affidavit used in probate, the Inland Revenue Affidavit (Revenue form CA 24) was converted into a fully electronic statement of truth. However, this affidavit was a creation of the Finance Acts and was not a court document like a traditional affidavit.

As part of the ongoing Courts Service ‘eProbate’ changes (the initial rollout which began in April 2025), statements of truth will be provided as a digital alternative to the previous system of oaths. The High Court has been accepting eProbate applications on a pilot basis since November 2025.

Courts Service strategy and new digital rules

The Courts Service of Ireland, in its 2030 Strategic Vision document, has committed to a ‘Digital First’ approach that will greatly facilitate the expansion of statements of truth. Part of this digitalisation strategy involves the removal of paper processes, the minimisation of the requirement for attendance in physical court, and the increased electronic exchange of data.

There is a focus on supporting access to justice in a modern, digital Ireland in the latest Courts Service ICT, Digital and Data Strategy. These reforms are primarily focused on the introduction of a Unified Case Management System (intended for Courts Service staff and the judiciary) which will support the introduction of a new unified Courts user’s portal (portal.courts.ie) for legal practitioners and lay litigants.

New Digital Rules were published in June 2025 by the Courts Service, following their adoption by the Superior, Circuit and District Courts Rules Committees in 2024 (the new Rules). These new Rules are the:

Under the new Rules, statements of truth can be filed wherever an affidavit is required or permitted in proceedings.

Of particular note is the new definition for ‘digital delivery’ in the new Rules, which is defined as the delivery of a document by electronic means by (a) a portal user to a court office or officer, (b) by a court officer or staff member to a portal user, and (c) by a portal user to another portal user. Portal users may be solicitors or lay litigants.

Phased rollout

The portal is being rolled out in phases to replace or work alongside existing Court Service systems. The portal for Circuit Court Family Law cases was rolled out nationwide in December 2025. The Courts Service intends to continue to roll out the new portal to other courts throughout 2026.

The Unified Courts portal will be extended to the High Court, starting with some specific lists in the first half of 2026, with a final rollout for the High Court by the end of Q2 this year.

The District Court, Court of Appeal, and Supreme Court are expected to be fully compatible with the portal by the end of 2026.

Functions will include ability to:

  • Initiate and track cases from anywhere
  • Securely submit filings
  • Digitally sign documents.

Statements of truth and the general digitalisation of statutory declarations and affidavits enhance and modernise the legal system.

The Law Society is in favour of amending the Statutory Declarations Act 1938 and the Registration of Title Act 1964 to provide for the use of statements of truth in conveyancing transactions. We welcome the Report by the Housing for All Expert Group on Conveyancing and Probate and the commitment by the Minister to amend these pieces of legislation. The introduction of statements of truth into conveyancing will increase the efficiency of the conveyancing system, thereby bringing Ireland closer to full eConveyancing.