SECTIONS 446 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 446

446. (a) Every pleading shall be subscribed by the party or his or
her attorney. When the state, any county thereof, city, school
district, district, public agency, or public corporation, or any
officer of the state, or of any county thereof, city, school
district, district, public agency, or public corporation, in his or
her official capacity, is plaintiff, the answer shall be verified,
unless an admission of the truth of the complaint might subject the
party to a criminal prosecution, or, unless a county thereof, city,
school district, district, public agency, or public corporation, or
an officer of the state, or of any county, city, school district,
district, public agency, or public corporation, in his or her
official capacity, is defendant. When the complaint is verified, the
answer shall be verified. In all cases of a verification of a
pleading, the affidavit of the party shall state that the same is
true of his own knowledge, except as to the matters which are therein
stated on his or her information or belief, and as to those matters
that he or she believes it to be true; and where a pleading is
verified, it shall be by the affidavit of a party, unless the parties
are absent from the county where the attorney has his or her office,
or from some cause unable to verify it, or the facts are within the
knowledge of his or her attorney or other person verifying the same.
When the pleading is verified by the attorney, or any other person
except one of the parties, he or she shall set forth in the affidavit
the reasons why it is not made by one of the parties.
When a corporation is a party, the verification may be made by any
officer thereof. When the state, any county thereof, city, school
district, district, public agency, or public corporation, or an
officer of the state, or of any county thereof, city, school
district, district, public agency, or public corporation, in his or
her official capacity is plaintiff, the complaint need not be
verified; and if the state, any county thereof, city, school
district, district, public agency, or public corporation, or an
officer of such state, county, city, school district, district,
public agency, or public corporation, in his or her official capacity
is defendant, its or his or her answer need not be verified.
When the verification is made by the attorney for the reason that
the parties are absent from the county where he or she has his or her
office, or from some other cause are unable to verify it, or when
the verification is made on behalf of a corporation or public agency
by any officer thereof, the attorney's or officer's affidavit shall
state that he or she has read the pleading and that he or she is
informed and believes the matters therein to be true and on that
ground alleges that the matters stated therein are true. However, in
those cases the pleadings shall not otherwise be considered as an
affidavit or declaration establishing the facts therein alleged.
A person verifying a pleading need not swear to the truth or his
or her belief in the truth of the matters stated therein but may,
instead, assert the truth or his or her belief in the truth of those
matters "under penalty of perjury."
(b) This section shall become operative on January 1, 1999, unless
a statute that becomes effective on or before this date extends or
deletes the repeal date of Section 446, as amended by Assembly Bill
3594 of the 1993-94 Regular Session.