Verified Complaint Form Document Formal In Wake

State:
Multi-State
County:
Wake
Control #:
US-000265
Format:
Word; 
Rich Text
Instant download

Description

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.


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FAQ

Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.

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."

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.

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.

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.

An unverified complaint is a legal document that has not been signed or sworn to under oath by the person making the complaint.

If a complaint is not verified you can answer with a general denial pursuant to Code of Civil Procedure § 431.30(b) and generally deny all of the allegations of the complaint. However you should also be sure to include specific affirmative defenses that are tailored to the individual case.

Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.

More info

VERIFIED COMPLAINT: FORM UD-2. Field 1: Fill in the county in which the action is brought.This form is a sample verification page based on the New York Consolidated Laws, Civil Practice Law and Rule (CPLR). NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. I am the Defendant in the within action for divorce, and I am over the age of 18. You need to complete either a UD-1 "Summons With Notice" form, or a UD-1a "Summons" and UD-2 "Verified Complaint forms. A Verified Complaint is an official document that initiates the divorce case. The first document that always needs to be filed in a case is called the Summons. Intheblanks form authorizing a filing agent to efile documents on behalf of an individual attorney. This document essentially sets the stage for the entire divorce proceedings, providing a comprehensive overview for the court.

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Verified Complaint Form Document Formal In Wake