Attorney Verification New York
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FAQ
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. This tactic forces the defendant to immediately make statements about the allegations under oath.
A verification is a statement under oath that the pleading is true to the knowledge of the deponent, except as to matters alleged on information and belief, and that as to those matters he believes it to be true.
Once a pleading is verified, all pleadings thereafter must be verified. A complaint can be verified by the plaintiff or by counsel. CPLR § 3020 (d).
Depending on the jurisdiction, verifications are either made under oath or in the presence of a notary public or similarly authorized person. Verifications are traditionally attached to the end of all pleadings that are required to be sworn. Also called affidavit of verification.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well (CPLR §3020). The answer must be served upon the Plaintiff and all other parties (every Plaintiff and Defendant). In contrast to service when initiating a lawsuit, service by mail is sufficient.
