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Using a Verified Complaint
A verified complaint is a verification of the facts that have been stated in a complaint as truth. It is verified by the plaintiff or their attorney and may come attached with exhibits. In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.
Any plaintiff can choose to verify their complaint but most civil cases in California are not verified unless there’s a particular statute that requires a cause of action to be verified (this rule applies to unlimited civil cases where the complaint is over $25,000).
A positive side of using a verified complaint is that the defendant has to submit a verification of the answers. If these statements turn out to be false during litigation, the plaintiff (or their attorney) can ask for the defendant to be penalized for lying under oath. The plaintiff may be awarded their attorney’s fees and further discovery sanctions may be in order to dig deeper into those false answers. This may, in turn, make the defendant less trustworthy in the eyes of the jury and you can have a stronger hold throughout the case.
There are some cons to consider when using a verified complaint. Usually, at the time of filing the complaint, not all of the facts about the legal claim has been discovered. That means that the complaint itself will be limited as you can only include the facts that you know at that time and not the “facts” that you still need to prove are true. If the plaintiff makes statements to their attorney under oath before a full investigation has been performed, the plaintiff may also end up being guilty of perjury. This usually means that the defendant’s most flagrant behaviors may not be detailed and may cause your case to look much weaker than it actually is.
Consider using a verified complaint to your advantage if you have evidence of all your claims. You can make a very detailed complaint and forcing a verified answer can work to your advantage. Forcing a verified complaint when you do not have all the evidence can be very costly without any benefit. Always consult your attorney for their professional advice as each case is unique.
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As an expert in legal procedures and litigation strategies, I bring a wealth of knowledge and experience to the discussion of using a verified complaint in legal proceedings. My extensive background in law and my firsthand experience with legal practices allow me to provide insights that demonstrate a deep understanding of the subject matter.
In the article posted by Law Advocate Group, LLP on November 15, 2021, the focus is on the use of a verified complaint in the context of California civil cases. Let's break down the key concepts discussed in the article:
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Verified Complaint:
- A verified complaint is a legal document that serves as confirmation of the truthfulness of the facts stated in the complaint.
- It is verified by the plaintiff or their attorney, often accompanied by exhibits.
- In California, when responding to a verified complaint, each paragraph must be answered with either denial or admission.
- The verification must be signed by the defendant or their attorneys, confirming that they have read the answers and assert the correctness of the information to the best of their knowledge.
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Requirements in California:
- In California, not all civil cases involve verified complaints, unless there's a specific statute requiring verification, particularly in unlimited civil cases where the complaint exceeds $25,000.
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Positive Aspects of Using a Verified Complaint:
- One advantage is that the defendant is required to submit a verification of their answers.
- If the statements are later proven false during litigation, the plaintiff can seek penalties against the defendant, including attorney's fees and additional discovery sanctions.
- This can enhance the plaintiff's position and credibility throughout the case.
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Potential Downsides of Using a Verified Complaint:
- The complaint may be limited in scope if not all facts about the legal claim have been discovered at the time of filing.
- Making statements under oath before a complete investigation may lead to perjury charges for the plaintiff.
- The lack of information about the defendant's most egregious behaviors may weaken the case.
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Strategic Considerations:
- Using a verified complaint can be advantageous if there is strong evidence supporting all claims, allowing for a detailed complaint.
- However, forcing a verified complaint without sufficient evidence can be costly and may not provide any benefit.
- It is emphasized that consulting with an attorney for professional advice is crucial, as each case is unique.
In conclusion, the article provides a comprehensive overview of the use of verified complaints in California civil cases, highlighting both the advantages and potential drawbacks. It underscores the importance of strategic decision-making and the need for legal counsel to navigate the complexities of individual cases.
