Verified Complaint In Florida In Houston
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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.
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.
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.
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.
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 verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: "Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief."
The amended complaint must be verified but may be verified by some person other than the one who made oath to the original complaint.
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.
