Form N268 UK: Notice to Prove Documents at Trial
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If you are preparing for a civil trial in England and Wales, there may be documents held by the other side that you want formally proved in court rather than simply admitted on the papers. Form N268 is the standard court notice used to put the opposing party on notice that certain documents must be produced and proved at the hearing.
It is a short procedural form, but getting it right matters: serve it too late, describe the documents poorly, or miss the requirement altogether, and you risk the evidence being challenged or excluded. This page walks through what the notice does, who typically uses it, when to serve it, and the practical points litigants and representatives should think about before sending it off.
The aim is to give you a plain-English overview so you know where N268 fits into the wider picture of trial preparation.
What this document is
Form N268 is a court notice used in civil proceedings to require the other party to prove a document at trial rather than rely on it being accepted without challenge. In most civil cases, documents disclosed during the proceedings are treated as authentic unless a party specifically objects.
If you want the other side to actually prove a document is genuine, that it was signed by who they say signed it, or that it says what they claim it says, you serve a Notice to Prove Documents at Trial. The form itself is straightforward.
It records the claim number, the names of the parties, and a description of the documents you want proved. Once served, the burden shifts: the party relying on the document must call evidence at trial to establish its authenticity, rather than the court treating it as accepted.
The notice is issued by His Majesty's Courts and Tribunals Service and is free to download and complete. It is not a stand-alone application and does not require a fee to file.
How to use this document
- Identify the documents in question. Go through the disclosure lists and trial bundle and pinpoint the specific documents whose authenticity, provenance, or content you want to challenge. Be precise: vague descriptions can cause arguments at trial over whether the notice actually covered the document in dispute.
- Complete the form accurately. Fill in the claim number exactly as it appears on the court papers, along with the full names of the claimant and defendant. List each document you want proved with enough detail that there is no ambiguity, including dates, parties to the document, and a short description where helpful.
- Serve it in good time. The notice should be served well before trial so the other side has a realistic opportunity to arrange witnesses or evidence to prove the documents. Leaving it to the last minute can invite costs consequences or arguments that the notice was served too late to be effective.
- Keep proof of service. Retain evidence of when and how you served the notice on the other party. If there is later a dispute about whether the notice was properly served, you will need to show the date, method, and address used.
- Prepare for the trial consequences. Once served, think ahead to how the other side may respond. They may call additional witnesses, withdraw reliance on the document, or seek to agree its authenticity by consent. Be ready to deal with each possibility in your trial preparation.
Common questions
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Common questions
Q Who can serve Form N268?
Any party to a civil claim in England and Wales can serve the notice, whether they are the claimant, defendant, or a third party joined to proceedings. It is most often used by litigants who want to challenge the authenticity of a document the other side intends to rely on at trial. You do not need permission from the court to serve it, but timing and accuracy matter.
Q Is there a fee for filing Form N268?
The form itself is free to download from gov.uk and no court fee is typically payable for serving it on the other party. That said, court fees change from time to time, so it is always sensible to check the current fee position on gov.uk before filing anything. If you are unsure whether additional steps carry a cost, check with the court office dealing with your claim.
Q When should the notice be served?
There is no single deadline that applies to every case, but the notice should be served early enough that the other party has a fair opportunity to arrange evidence to prove the documents at trial. In practice this often means several weeks before the hearing. Serving late can lead to costs arguments or the court deciding the notice was not effective for some documents.
Q What happens if I do not serve this notice?
If you do not serve a notice requiring documents to be proved, the general rule in civil proceedings is that disclosed documents are treated as authentic. That means the other side will not normally need to call witnesses to establish signatures, dates, or the genuineness of the document. If authenticity is genuinely in dispute, failing to serve this notice can significantly weaken your ability to challenge the evidence at trial.
Q Can the notice be withdrawn after it has been served?
Yes. If you decide you no longer need the documents formally proved, for example because the other side has provided a satisfactory explanation or you have agreed authenticity, you can write to the other party withdrawing the notice. It is good practice to confirm any withdrawal in writing so there is a clear record before the trial date.
Q Does Form N268 replace witness statements or disclosure?
No. The notice sits alongside the usual disclosure and witness evidence rules. Disclosure is about telling the other side what documents exist and letting them inspect them. Witness statements are about factual evidence from people. Form N268 is a narrower tool focused purely on requiring the other party to prove specific documents at the hearing itself.
Q Do I need a solicitor to complete the form?
You do not have to instruct a solicitor. Litigants in person can complete and serve the form themselves. That said, decisions about which documents to challenge and when to serve the notice can have real tactical consequences at trial, so getting some practical guidance before you serve it is often worthwhile, particularly if the document is central to the case.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N268: Notice to prove documents at trial (gov.uk)gov.uk
- Guidance · HMCTSCivil Procedure Rulesjustice.gov.uk
- Guidance · UK GovHM Courts and Tribunals Servicegov.uk
Legal helpline
Unsure whether to serve an N268 notice?
Deciding which documents to require the other side to prove, and when to do it, can shape how your trial runs. An experienced legal adviser can help you think through the timing and tactics based on what you describe about your case.
- Plain-English answers to your specific questions about Form N268
- Practical perspective on when to serve the notice in your situation
- A clearer sense of what to watch out for before trial
- Guidance tailored to what you describe about your case
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.