casemark/ca-discovery-verification

California Discovery Verification

Produces correctly formatted CA verification pages with proper signer capacity, knowledge basis, and CCP § 2015.5 perjury declaration. Unverified responses are treated as no response — the responding party waives objections and faces motions to compel (Appleton v. Superior Court (1988) 206 Cal.App.3d 632 [VERIFY]).

Quick Start

1. Gather intake details (see Pre-Draft Intake)
2. Select verification type by discovery device
3. Select knowledge basis clause
4. Draft verification from template
5. Run quality audit
6. Confirm alignment with user

Pre-Draft Intake

Gather before drafting (apply labeled defaults if user says "use defaults" or "just draft"):

| Field | Details | Default | |---|---|---| | Discovery device | Interrogatories (Form/Special) or inspection demand/RPD | Interrogatory | | Exact response title | Must match verbatim on verification | — | | Caption info | Court name, case number, party names | — | | Responding party type | Individual or entity (corp, LLC, partnership) | Individual | | Signer identity | Legal name, title/role, authority basis (entities) | — | | Knowledge basis | Personal knowledge only, or information and belief | Info & belief | | Execution details | Date, city, state | — |

Do not draft verification for responses that have not been finalized.

Step 1: Select Verification Type

| Device | Statute | |---|---| | Interrogatories (Form/Special) | CCP § 2030.250 | | Inspection demand / RPD | CCP § 2031.250 | | Federal court | Stop — use FRCP 33/34 + 28 U.S.C. § 1746 [VERIFY] |

Step 2: Select Knowledge Basis

• Personal knowledge only: "The matters stated in the foregoing responses are true of my own knowledge."
• Information and belief (signer relied on records, employees, or collected info): "The matters stated in the foregoing responses are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true."

Step 3: Draft Verification

Individual Template

[CAPTION BLOCK]

VERIFICATION OF [PARTY NAME] TO [EXACT RESPONSE TITLE]

I am the [plaintiff/defendant] in this action. I have read the foregoing responses and know the contents thereof.
[KNOWLEDGE BASIS CLAUSE]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [DATE], at [CITY], [STATE].

___________________________
[SIGNER NAME]
[Plaintiff/Defendant]

Entity Template

[CAPTION BLOCK]

VERIFICATION OF [ENTITY NAME] TO [EXACT RESPONSE TITLE]

I am the [TITLE] of [ENTITY NAME], a party to this action, and am authorized to make this verification for and on its behalf. I have read the foregoing responses and know the contents thereof.
[KNOWLEDGE BASIS CLAUSE]
[OPTIONAL: "I am informed by the employees and records of [ENTITY NAME] regarding the matters stated."]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [DATE], at [CITY], [STATE].

[ENTITY NAME]
By: _______________________
    [SIGNER NAME]
    Its: [TITLE]

Templates apply to both interrogatory and inspection/RPD verifications — select the matching type from Step 1.

Post-Draft Alignment

After delivering, confirm with the user:

1. Verification title matches response document title exactly
2. Signer has proper authority (especially for entities)
3. Knowledge basis clause is appropriate
4. Execution location is correct (out-of-state may need adjustment)

Quality Audit

Before finalizing, verify all of the following:

• [ ] Verification title matches response title verbatim
• [ ] Signer capacity stated; entity authorization language included
• [ ] CCP § 2015.5 perjury language verbatim: "under the laws of the State of California"
• [ ] Execution date and city/state present
• [ ] Signature block includes name and capacity
• [ ] Objections not verified (attorney signs for objections)
• [ ] Knowledge basis clause matches actual basis of responses
• [ ] Federal court not using CCP form
• [ ] No attorney signature where party signature required

Pitfalls

• Title mismatch between verification and response invites motions to compel
• Attorney-signed verifications invalid except narrow CCP § 446 circumstances [VERIFY]
• "Personal knowledge" clause wrong if signer relied on records — use information-and-belief
• Never verify legal objections — attorney signs the response document for those
• Omitting "under the laws of the State of California" from perjury declaration is a fatal defect
• No notarization unless court order or client policy requires it
• Perjury exposure for false verifications (Cal. Penal Code § 118) [VERIFY]
• All case citations must be verified or flagged [VERIFY] — do not invent case law
• Attorney review required — all output must be reviewed by supervising counsel before signature or service