verification of pleadings and bills of particulars

Question 1

verification

Answer 1

generally, verification of pleadings (by party) is optional.

Exceptions: when complaint must be verified:
actions against co-obligors; actions for goods sold or services rendered; art 78 proceedings; CAUSE OF ACTION IS NEGLIGENCE

answer must be verified if pleading to which it responds is verified

• pleadings of infant need not be verified
• defectively verified pleading is treated as unverified pleading

Question 2

bill of particulars

Answer 2

if party believes adversary’s pleading is deficient in some way, may demand or move for bill of particulars

-bill may be demanded from a pleader only on an issue as to which pleader has burden of proof

Question 3

how to get info from nonparties

Answer 3

nonparty may be subpoenaed to take oral depo at least 20 days prior to date of depo–can get relevant info of facts at issue from nonparty