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.
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.
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.
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.
Though there are a variety of issues a customer may have, realistically there are a few distinct buckets that a majority of requests fit into: Time-based complaints. Company-based complaints. Product/service-based complaints.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
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.
If you file a complaint without any legal or factual support or for some improper purpose, the court can “sanction” you.
In pleadings which are so verified, the several matters stated shall be stated positively or upon information and belief only, ing to the fact. Verified allegations do not constitute evidence except by way of admission.