What makes a complaint verified

Because conclusory allegations are not admitted by demurrer, and because conclusory allegations have no pleading value, conclusory and "boilerplate" affirmative defenses are insufficient. I suggest avoiding the use of generic or "boilerplate" affirmative defenses whenever possible. Attorneys or parties in California who wish to view a portion of a sample answer to a verified complaint for sale by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January through September and has created over sample legal documents for sale. Do you want to use this article on your website, blog or e-zine? You can receive 10 free gifts just for subscribing. Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice.

The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice. The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers.

Readers should not act upon this information without seeking professional counsel. Close search. Search Instructions. Complaint and the California Complaint;.

Product Complaint means any written, verbal or electronic expression of dissatisfaction regarding the Product, including without limitation reports of actual or suspected product tampering, contamination, mislabeling or inclusion of improper ingredients.

Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting an investigation of the allegation of sexual harassment. Environmental Complaint shall have the meaning set forth in Section 4.

Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation. Material safety data sheet or "MSDS" means the chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical product, usually through the distribution network or retailers.

Adverse Event means any untoward medical occurrence in a patient or subject who is administered a Licensed Product, whether or not considered related to the Licensed Product, including, without limitation, any undesirable sign including abnormal laboratory findings of clinical concern , symptom or disease temporally associated with the use of such Licensed Product.

This also includes Value-added Services. Complaints Procedure means the School's procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons, or in order to assist the proper administration of the School.

It does not form part of the contract between you and the School. A copy of the most up-to-date procedure is on the School's website and is otherwise available from the School at any time upon request;. Encounter Data means information reflecting a face-to-face meeting or other billable service furnished by a provider to a person served through the Iowa Plan.

Medicaid encounter data must be submitted by the contractor to the department in an electronic format specified by the department. Disciplinary proceeding means any proceeding under the authority of the board pursuant to which licensee discipline may be imposed. Policy Grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 19, by-passing Steps 1 and 2.

Batch means a specific quantity of Product that is intended to have uniform character and quality, within specified limits, and is produced according to a single manufacturing order during the same cycle of manufacture.

Safety Data Sheet means the data sheet pursuant to Condition Statement of Grievance shall name the grievant involved, the facts giving rise to the grievance, the specific provision s of the Agreement alleged to be violated, and the remedy specific relief requested. Under New York law, a party commences a civil action by filing a summons and complaint.

Generally speaking, these documents set forth the claims that are being asserted against the defendant s. Typically, though not required in all instances, the plaintiff will verify the complaint. The verification makes the pleading sworn and, therefore, is the equivalent of an affidavit and may be used for the same purposes.

Once a pleading is verified, all pleadings thereafter must be verified. A complaint can be verified by the plaintiff or by counsel. However, when the pleading is verified by counsel pursuant to CPLR d 3 , and not by someone with personal knowledge of the facts, the pleading is insufficient for evidentiary purposes.

See McKenna v. Solomon , A. Scandurra Trucking Co. The reason: the affirmation of an attorney which does not contain evidentiary facts from one having personal knowledge is insufficient to establish the merits of a claim. See Zuckerman v. City of New York , 49 N. The impact of a verified pleading on a motion for summary judgment was recently considered by the court in Marinelli v.

Slip Op. County Sept. Plaintiff claimed that she never received any payments despite performing work for RPZL. On December 5, , plaintiff elected to call for the repayment of the promissory note.