Montana § 25-4-203 Verification Of Pleadings

Montana Statutes

§ 25-4-203 — Verification Of Pleadings

Montana·Title 25 CIVIL PROCEDURE·Ch. 4 PLEADINGS, MOTIONS, AND OTHER PAPERS·Part 2 Pleadings in General

25-4-203 . Verification of pleadings.

(1)In any case in which a verification by affidavit is required, except as otherwise specifically provided, the verification by affidavit must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters stated in the affidavit on information and belief, and that as to those the deponent believes it to be true. The verification must be made by the party or, if there are several parties united in interest or pleading, by at least one of the parties acquainted with the facts if the party is in the county and capable of making the verification. The verification may also be made by the agent or attorney of the party if the party is absent from the county in which the attorney resides or if, for any other cause, the

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25-4-203 . Verification of pleadings. (1) In any case in which a verification by affidavit is required, except as otherwise specifically provided, the verification by affidavit must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters stated in the affidavit on information and belief, and that as to those the deponent believes it to be true. The verification must be made by the party or, if there are several parties united in interest or pleading, by at least one of the parties acquainted with the facts if the party is in the county and capable of making the verification. The verification may also be made by the agent or attorney of the party if the party is absent from the county in which the attorney resides or if, for any other cause, the party is unable to verify the pleading. In that case, the verification must state that the deponent is the agent or attorney of the party, the reason why the verification is made by the agent or attorney, and that the matters stated in the pleadings are true to the best knowledge, information, and belief of the agent or attorney.
(2) When a corporation is a party, the verification may be made by any officer of the corporation and must state the office of the officer and that the matters stated in the verification are true to the best knowledge, information, and belief of the officer. If there is no officer of the corporation within the county, the verification may be made by the corporation's attorney.

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Legislative History

En. Sec. 55, p. 144, L. 1867; amd. Sec. 9, p. 64, L. 1869; amd. Sec. 63, p. 39, Cod. Stat. 1871; re-en. Sec. 94, p. 62, L. 1877; re-en. Sec. 94, 1st Div. Rev. Stat. 1879; re-en. Sec. 96, 1st Div. Comp. Stat. 1887; en. Sec. 731, C. Civ. Proc. 1895; re-en. Sec. 6565, Rev. C. 1907; re-en. Sec. 9163, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 446; re-en. Sec. 9163, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1963; R.C.M. 1947, 93-3702; amd. Sec. 391, Ch. 56, L. 2009; amd. Sec. 3, Ch. 238, L. 2011.