Verified Complaint | Practical Law

Verified Complaint | Practical Law

Verified Complaint

Verified Complaint

Practical Law Glossary Item 7-519-7149 (Approx. 3 pages)

Glossary

Verified Complaint

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance. In many jurisdictions, a complaint does not need to be verified unless a rule or statute specifically states otherwise. For example, under Federal Rule of Civil Procedure 23.1, the complaint in a shareholder derivative action must be verified (see Practice Note, Shareholder Derivative Litigation: Overview).
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that:
  • The plaintiff has reviewed the complaint.
  • The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
  • The plaintiff believes the allegations that the plaintiff does not have personal knowledge of to be true based on specified information, documents, or both.
For model verified complaints, see standard documents: