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2011	4.9 Satisfied (420 Votes)
1999	4 Satisfied (24 Votes)

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What is the difference between a verified and unverified complaint?

When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer.

What is a verified complaint?

A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.

When must an answer be verified in NY?

Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.

What is a verified complaint in NY?

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

Who can verify a complaint in New York?

A complaint can be verified by the plaintiff or by counsel. CPLR § 3020 (d). However, when the pleading is verified by counsel pursuant to CPLR 3020 (d) (3), and not by someone with personal knowledge of the facts, the pleading is insufficient for evidentiary purposes.

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