West Virginia Code 56-4-64 – Form of verification of pleading
The verification of any pleading may be by the pleader or some other credible person. The verification, when by the plaintiff or defendant, may be in form or effect as follows:
Terms Used In West Virginia Code 56-4-64
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fiduciary: A trustee, executor, or administrator.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
State of West Virginia, ………………………………….. county, to wit: A……………………………………… B……………………………………., the plaintiff (or defendant, as the case may be,) named in the foregoing bill (or answer, replication, or plea, as the case may be,) being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, he believes them to be true.
A ……………………………………………… B ………………………………………….,
Plaintiff or defendant.
Taken, sworn to and subscribed before me this ………………. day of …………………
C …………………………………………………. D ……………………………………………..,
Clerk (or other officer swearing him)
If the party required to verify a pleading be an administrator or other fiduciary, it shall be sufficient if he swear that he believes the plea or other pleading to be true. A bill of injunction to be sworn to by any person other than the plaintiff, or answer to a bill of injunction to be sworn to by a person other than the defendant making the answer, must be so drawn as to show which of the allegations therein contained are made on information and belief.
The verification, when by a person other than the plaintiff or defendant, shall be in form or effect as follows:
State of West Virginia, ………………………………………… county, to wit:
A …………………………………………. B …………………………………………………. (a credible person), being duly sworn, says that he has read the foregoing bill (or answer, replication, or plea, as the case may be,) and that he knows the contents thereof; that the facts and allegations therein contained are true, except such as are therein stated upon information and belief, and that as to such allegations he believes them to be true.
A ………………………………………….. B ……………………………………………….. .