This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Verified Complaint Form For California In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-000265
Format:
Word;
Rich Text
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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 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.
When the state, any county thereof, city, school district, district, public agency, or public corporation, or an officer of the state, or of any county thereof, city, school district, district, public agency, or public corporation, in his or her official capacity is plaintiff, the complaint need not be verified; and if ...
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
The common practice is to NOT verify the complaint, unless a specific statute requires that the complaint be verified. The reason is because a verified complaint can be used against the plaintiff, just like any other declaration, as binding evidence in the case.
If the answer is not verified, the allegations of the complaint are deemed admitted and the plaintiff can move for judgment on the pleadings or move to strike the answer and take judgment by default.
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.
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.
Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party's attorney. “It has been stated that unsigned and unverified answers to interrogatories do not qualify as answers under Fed.
Unless a rule or statute specifically states otherwise, the complaint need not be verified or accompanied by an affidavit (FRCP 11(a)). Exhibits. A copy of a written instrument attached as an exhibit to a pleading becomes part of the pleading (FRCP 10(c)).
