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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.
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.
Generally, verified complaints are not necessary and apply only to specified situations. New York has waived governmental (sovereign) immunity and permits claims against the state. There is a no compulsory joinder of parties. Numbered paper is no longer required for New York pleadings.
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.
Verified answers must admit or deny each and every paragraph of the complaint, and must also contain a verification signed by the defendant or defendants stating that they have read the answer and everything contained therein is true and correct to the best of their knowledge.
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If a complaint is verified the answer must be verified and any answer to a complaint filed by a governmental entity must be verified whether or not the complaint is verified pursuant to Code of Civil Procedure section 446.
In California, most complaints do not require a verified complaint (a complaint signed by the party under penalty of perjury). Some claims, however, like a quiet title claim does require that the complaint be verified. This is easy enough to accomplish through a simple verification.
In California, most complaints do not require a verified complaint (a complaint signed by the party under penalty of perjury). Some claims, however, like a quiet title claim does require that the complaint be verified. This is easy enough to accomplish through a simple verification.
You do not yet have all the facts about your legal claims. If you make statements under oath before your attorney has the chance to fully investigate your case, you, too, could be inadvertently guilty of perjury. Your attorney will be limited in how the complaint is written.
Some plaintiffs have argued that the requirements for § 3294(b) can be satisfied when a managerial employee with knowledge of the allegations also verifies discovery responses as an \u201cofficer\u201d or \u201cagent\u201d of the company. California Code of Civil Procedure provides that only an \u201cofficer\u201d or \u201cagent\u201d may verify Page 2 a ...

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