Wednesday, May 25, 2011

5/1-109 Verification by Certification


In Illinois, a "complaint, petition, answer, reply, bill of particulars, answer to interrogatories, affidavit, return or proof of service, or other document or pleading" may be required or permitted to be verified.When a court document is verified, the matters stated are "stated positively or upon information and belief only, according to the fact." 

The verified pleading must be accompanied by a certification of the person(s) having knowledge of the matters set forth in the pleading. the certification must state "Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true." 735 ILCS 5/1-109. 

A verified pleading or document may be used as if it had been sworn to under oath. As a result, an affiant who makes any false material statement is guilty of a Class 3 felony.