Verified Complaint Form Document Without Comments In New York
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Taken together, the complaint and answer are. depositions and interrogatories.
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.
Fill out Answer form to respond. Once you decide to respond to a Complaint, your first step is to decide what type of response. This page will focus on the Answer form. Filing an Answer to the Complaint forces the other side to prove their case with evidence.
A civil lawsuit starts with the filing and service of a written complaint; the defendant must then file an answer or other response. These are called pleadings, and they set the stage for all that comes afterward in the lawsuit.
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.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.
Verification of complaints is largely optional under the CPLR. There are some statutes, however, that require a verified complaint in certain circumstances. See New York Statute Search; see also Overview – Initiating a Special Proceeding.
If you file a complaint without any legal or factual support or for some improper purpose, the court can “sanction” you.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
