When does a complaint need to be verified?

Asked over 1 year ago - New York, NY

And if it's verified, does it need to be notarized? And if it's not notarized, can it be nullified?

Additional information

What if it's a civil suit like breach of contract, tortious intereference, unfair competition.

Attorney answers (4)

  1. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . A complaint, or any pleading, must be verified by the party or by the party's attorney if attorneys office is not within the County where the party resides. If it's verified by the party, it must be notarized.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . If it is a divorce action it needs to be verified. If it needs to be verified, then you need to have it notarized.

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  3. Michael Evan Greenspan

    Contributor Level 16

    Answered . Generally, complaints in NY state practice do not have to be verified except in matrimonial cases and petitions in certain special proceedings (such as an eviction proceeding). So, a complaint in garden variety personal injury suit, or a breach of contract action does not have to be verified.

    If you are looking to attack a complaint served upon you for an improper verification, you are spinning your wheels. Take a look at CPLR 3022. Courts are generally not impressed with an objection based upon an alleged improper verification

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  4. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear when does a complaint need to be verified?

    From your description of the causes of action in the lawsuit, your complaint does not require a verification.

    If you are the plaintiff and you signed the last page, and your signature was notarized, that is a verification of the complaint. If you have a true copy of the filed complaint, the signature page should show that your signing the verification is notarized.

    If your attorney performed the verification, as allowed by statute if certain conditions are met, then his signature is not notarized as attorneys may verify a complaint in the form of an affirmation, subject to penalty of perjury.

    And in the real world, it almost makes no difference any longer if a pleading is improperly verified, as the burden is placed on the opposing party to "reject" the pleading in a timely manner, on a claim of defective verification. And that also is largely ignored as well, because no attorney wants to take the chance that his client would be in default in answering the complaint, and so, even if "rejected" the defendant is likely to answer.

    The time there is some significance to an issue relating to a defective verification is if the defendant defaults and the plaintiff seeks summary judgment. Then you may support the motion with an affidavit of merit as the complaint alone cannot take the place of an affidavit if not verified.

    And even then, courts ignore defects in papers that are not prejudicial.

    And if you have an attorney you should ask her or ask him.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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