Should the complaint be verified in state or federal court?

Asked over 2 years ago - Los Angeles, CA

I want to prepare a complaint for ADA discrimination. I have been researching about filing a complaint and see many in federal and state courts don't use verified complaints. Is there a reason that unverified complaints are better?

Additional information

Thank you for all the responses. It was a public entity suit ( I know, all the attorneys says its really tough).

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

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    Answered . A verified complaint is "better" because if forces the defense to provide a verified response, but an unverified complaint is "better" because you don't have to be so sure about your allegations and you don't have to worry about making damaging admissions. If you're acting pro per and asking this type of questoin on a free public site, I doubt you're sure about anything in this process.

    Employment litigators generally work on a contingency basis, meaning the plaintiff pays no legal fees unless and until they win their case. So filing an ADA case pro per signals to the defense, if the complaint itself doesn't, that the case has no merit because there's no lawyer.
    See an employment litigator for help. There are many lawyers that specialize in these claims and know what they're doing.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

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    Answered . Generally complaints are not verified unless specifically required such as with an unlawful detainer.

  3. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . The common practice is to NOT verify the complaint, unless a specific statute requires that the complaint be verified. The reason is because a verified complaint can be used against the plaintiff, just like any other declaration, as binding evidence in the case. Essentially, the plaintiff is locked in to each and every statement contained in the verified complaint.

    On the other hand, the advantage (strategically) of verifying a complaint in some lawsuits, however, is that it forces the defendant to file a verified answer (which can be used as evidence).

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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