Verified Complaint Form Document Format In Santa Clara
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FAQ
A Verified Rely is a reply that is sworn to by the party filing the Reply. In other words, the content of the Reply is sworn to under oath by that party. An affirmation in a Reply is like an affidavit. It is a Declaration of a witness or party in written format that can be filed or attached to a pleading.
In your answer to a verified complaint you must admit or deny each and every paragraph of the complaint or deny on the basis of lack of information or belief. Your attorney will go over the complaint with you and tell them what your response is to each and every paragraph.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
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.
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.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
If you file a complaint without any legal or factual support or for some improper purpose, the court can “sanction” you.
You can contact the Santa Clara County Investigations Division District Office at (408) 942-2952 or file a complaint using their website.
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.
