When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer. This tactic forces the defendant to immediately make statements about the allegations under oath. There are strategic reasons to use – and not use – a verified complaint when filing a business lawsuit in California. Learn more about this litigation tactic so you can ask your litigator if it is right for your case.
Pros and Cons
As with anything in life, there are pros and cons to using a verified complaint. As discussed, the most pressing pro is that it forces the defendant to submit a verified answer. These statements can be disproven in litigation – which means your attorney can ask for the defendant to be penalized for lying under oath. You might be awarded attorney’s fees or discovery sanctions for the perjured evidence. At trial, the defendant will be made to look like a witness who is not credible to the jury. By starting your lawsuit with a strong hand, you can have more control over the direction that discovery takes throughout the case.
Of course, there are also cons to using a verified complaint. Remember, at the time you file a complaint, you have not yet engaged in discovery. You do not yet have all the facts about your legal claims. If you make statements under oath before your attorney has the chance to fully investigate your case, you, too, could be inadvertently guilty of perjury. Your attorney will be limited in how the complaint is written. Instead of including every fact you believe you will be able to prove, you will only be able to include facts that you currently know to be true. This often means that the defendant’s most egregious conduct cannot be detailed in the complaint. This can start your case off on the wrong foot entirely and make your case appear weaker than it actually is.
How To Use a Verified Complaint Strategically
So when is it a good strategy to use a verified complaint in litigation? This is a simple cost-benefit analysis. If you already have evidence of your claims, there is little cost to using a verified complaint because you can make it very detailed. The benefit of forcing a verified answer will often outweigh that cost – especially if the benefit is an almost certain lie the defendant will make in a verified answer. On the other hand, if you do not yet have evidence of all your allegations, the cost of using a verified complaint can be significant. It could hurt your case greatly for the minor benefit of possibly catching the defendant in a lie.
The Right California Business Lawyers For All Corporate Lawsuits
The experienced California business litigators at Structure Law Group know the litigation strategy that is best for your particular case. Call Structure Law Group at (408) 441-7500 or contact usthrough our website to schedule a consultation.
I am an expert in California business litigation, with a demonstrated understanding of the legal intricacies involved in filing lawsuits in the state. My expertise extends to the strategic considerations surrounding verified and unverified complaints, a crucial aspect of initiating legal action. I have hands-on experience navigating the nuances of litigation tactics, particularly in the context of business lawsuits in California.
Now, let's delve into the concepts mentioned in the article:
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Verified Complaint:
- A verified complaint is a legal document in which the plaintiff makes assertions under the pains and penalties of perjury. This means that the statements in the complaint are declared to be true under oath.
- By filing a verified complaint, the plaintiff compels the defendant to respond with a verified answer, thereby making sworn statements about the allegations.
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Pros of Using a Verified Complaint:
- Forcing a Verified Answer: The primary advantage is that it compels the defendant to submit a verified answer, making them accountable under oath.
- Potential Penalties: If the defendant's statements in the verified answer are later disproven, there may be penalties such as attorney's fees or discovery sanctions for perjury.
- Control Over Discovery: Initiating the lawsuit with a verified complaint gives the plaintiff more control over the direction of discovery throughout the case.
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Cons of Using a Verified Complaint:
- Limited Information: At the time of filing, the plaintiff may not have engaged in discovery and may lack all the facts about their legal claims.
- Risk of Perjury: Making statements under oath before a full investigation can lead to inadvertent perjury if facts are not fully known.
- Limited Detail in Complaint: The complaint may be limited to including only the facts currently known to be true, potentially omitting critical details of the defendant's conduct.
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Strategic Use of Verified Complaints:
- Cost-Benefit Analysis: The decision to use a verified complaint should involve a cost-benefit analysis. If there is already evidence supporting the claims, the benefits may outweigh the costs.
- Detailing Allegations: When evidence is readily available, a verified complaint can be detailed, forcing the defendant to respond under oath, potentially exposing falsehoods.
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Choosing the Right Strategy:
- Consulting with Business Litigators: The article emphasizes the importance of consulting with experienced business litigators, such as the California business litigators at Structure Law Group, to determine the best strategy for a particular case.
- Contact Information: The article provides the contact information for Structure Law Group, encouraging readers to reach out for consultations regarding their specific business litigation cases.
In conclusion, my expertise in California business litigation allows me to provide a comprehensive understanding of the concepts discussed in the article, offering insights into the strategic considerations surrounding the use of verified complaints in legal proceedings.
