What is Section 1 109 of the code of civil procedure?
Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in accordance with this Section shall be guilty of a Class 3 felony.
How do I verify a pleading in Illinois?
(a) Any pleading, although not required to be sworn to, may be verified by the oath of the party filing it or of any other person or persons having knowledge of the facts pleaded. Corporations may verify by the oath of any officer or agent having knowledge of the facts.
How do I verify a pleading?
– Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.
Does an affidavit need to be notarized Illinois?
We believe that Roth sets forward the state of the law in Illinois as to what is required in an affidavit and that Robidoux presents an exception to this law. Thus, unless otherwise provided for by a specific supreme court rule or statutory authorization, an affidavit must be notarized to be valid.
Is a verification the same as an affidavit?
The verification takes the form of a written certification that is generally attached to the document in question. The most common form of certification is an affidavit. An affidavit is a written statement sworn to or affirmed before an officer authorized to administer an oath or affirmation, usually a NOTARY PUBLIC.
Is set off an affirmative defense?
Like countersuits, the defense of offset can not only shield a defendant from part if not all of the damages sought by the plaintiff, but it can operate as an affirmative weapon against the plaintiff who might well be deterred from fully prosecuting his or her own suit against the defendant.
Is Illinois a fact or notice pleading state?
Illinois is a fact-pleading jurisdiction. 10 Under this standard, the pleader is required to set forth and allege facts that support his or her cause of action, i.e., those facts necessary for recovery pursuant to a legally recognized cause of action.
Does answer need to be verified?
If a complaint is verified the answer must be verified and any answer to a complaint filed by a governmental entity must be verified whether or not the complaint is verified pursuant to Code of Civil Procedure section 446.
What is an affidavit in Illinois?
Overview. An affidavit is a sworn written statement that can be used in a number of important ways. It can be used in connection with filing or responding to a motion in court. A well-drafted affidavit can provide clarity to a court or certainty to a business transaction.
What is the difference between an affidavit and a declaration?
Affidavits are written documents attached to an affirmation, such as a notary public oath, which states that the statements in the document are true. Declarations are written documents the writer believes are true, but the statements contained in the declaration are made without the writer being sworn in.