I am in pro per and wanted to double check something. In a response to Request for Admissions, CCP 2030.210. (a) indicates that they must be signed "under oath". But it also appears that they need to be signed under "verification." Is that correct? Does a responding party need to both sign "under oath" and "verify" such that they sign the response twice? Can anyone explain what the difference between "under oath" and a "verification" is? Can you somehow combine the two such that you only have to execute one signature? And does this requirement also extend to responses to Form Interrogatories? Its not fully clear to me.
You are really referring to the same thing. A verification form is typically a declaration under penalty of perjury (i.e. under oath) that the responses are true and correct.
Yes, all responses to written discovery (interrogatories, document demands, request for admissions) must be verified.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
In the context of written discovery, "verification" and "signed under oath" are the same. All discovery responses, including interrogatories, requests for admission, and request for production of documents, should be verified by the responding party.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Intellectual Property Law Attorney
I agree with other counsel. The verification usually says something along the following lines: "The undersigned has reviewed the attached responses to form interrogatories and hereby declares under the penalty of perjury under the laws of the State of California that they are true and correct. Executed this 14th day of September 2012 at Palo Alto, Ca." You then sign it.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.