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.
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.
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.
SECTION 446 When the complaint is verified, the answer shall be verified.
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.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
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.
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.
Unverified responses are “tantamount to no responses at all,” and a motion to compel responses may be filed where responses are not verified and contain no objections. (Appleton v. Superior Court, (1988) 206 Cal. App. 3d 632, 635-636.)
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.