Verification

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verification

n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document. A typical verification reads: "I declare under penalty of perjury under the laws of the State of California, that I have read the above complaint and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true. Executed January 3, 1995, at Monrovia, California. (signed) Georgia Garner, declarant." If a complaint is verified then the answer to the complaint must be verified. (See: complaint, answer, oath)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

VERIFICATION, pleading. Whenever new matter is introduced on either side, the plea must conclude with a verification or averment, in order that the other party may have an opportunity of answering it. Carth. 337; 1 Lutw. 201; 2 Wils. 66; Dougl. 60; 2 T. R. 576; 1 Saund, 103, n. 1; Com. Dig. Pleader, E.
     2. The usual verification of a plea containing matter of fact, is in these words, "And this he is ready to verify," &c. See 1 Chit. Pl. 537, 616; Lawes, Civ. Pl. 144; 1 Saund, 103, n. 1; Willes, R. 5; 3 Bl. Com. 309.
     3. In one instance however, new matter need not conclude with a verification and then the pleader may pray judgment without it; for example, when the matter pleaded is merely negative. Willes, R. 5; Lawes on Pl. 145. The reason of it is evident, a negative requires no proof; and it would therefore be impertinent or nugatory for the pleader, who pleads a negative matter, to declare his readiness to prove it.

VERIFICATION, practice. The examination of the truth of a writing; the certificate that the writing is true. Vide Authentication.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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