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Complaint v. Verified Complaint?

Discussion in 'Alternative Dispute Resolution' started by marty, Aug 20, 2001.

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  1. marty

    marty Law Topic Starter New Member

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    Difference between regular and Verified Complaint?

    What is the difference between a regular complaint and a verified? I think verification requires an affidavit but when would that be necessary?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    A verification is an affidavit which swears to the truth of the pleading. In NY, it is of questionable necessity in most instances as to the requirement, since common sense dictates that the statements in the complaint, while made through the attorney, are those of the client and not the attorney.

    It may be required where there is an appendation of a schedule of goods or services (See NY CPLR 3016(f)) or in an Article 78 proceeding (a proceeding against a "body or officer" and which is usually used to review administrative decisions).

    Note that while complaints may not require verification, answers may require them regardless of the complaint.
     

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