Verified Complaint In Florida In Florida
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FAQ
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
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.
When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: "Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief."
Verified complaints are required for certain causes of action. It is good practice for the attorney to have the complaint verified in order to insulate the attorney from improper or untrue allegations by his or her client. See Hillsborough County – 13th Circuit Court SmartRules™ procedural guide: MOTION FOR SANCTIONS.
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.
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that: The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
A complaint is considered verified if, in the complaint, the plaintiff swears under penalty of perjury that everything is true and correct. Sometimes the verification will be separate from the complaint; other times it will be included at the end of the Complaint itself.
Verified Answer Every paragraph of the complaint must be answered, and a verification must be included in the response. When you verify a pleading, you are stating that, under penalty of perjury, you are stating the truth.
