The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant's belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit.
§ 482.040.Affidavit Requirements
Title 6.5. Attachment · Chapter 2. General Provisions · Enacted 1974 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 482.040 sets the evidentiary requirements for every affidavit filed under the Attachment Law, requiring particularity, personal competence to testify (or a disclosed factual basis when information and belief is allowed), and permits a qualifying verified complaint to substitute for a separate affidavit.
Full Text of § 482.040
Plain-English Summary
Because attachment lets a plaintiff seize property before trial, this title does not accept loosely pleaded allegations to support that relief. Section 482.040 requires every supporting affidavit to state facts with particularity and to show affirmatively that the affiant, if called as a witness, could testify to those facts from personal knowledge. Where this title specifically permits information and belief instead, the affiant must still state the facts underlying that belief and the nature and reliability of the source.
Any person with knowledge of the relevant facts can supply the affidavit, whether or not that person is a party. And a verified complaint that itself meets these particularity and personal-knowledge standards can stand in for a separate affidavit, or supplement one. This standard applies throughout the title — for example, to the affidavit supporting an application for a right to attach order under § 484.030.
Frequently Asked Questions
Can an attachment affidavit be based on information and belief?
Only where this title specifically permits it, and even then Section 482.040 requires the affidavit to state the facts underlying that belief and the reliability of the information’s source, not just a bare assertion.
Can a verified complaint replace a separate supporting affidavit?
Yes, if the verified complaint itself satisfies Section 482.040’s particularity and personal-knowledge requirements. It may be used instead of, or along with, a separate affidavit.
Amendment History
Added by Stats. 1974, Ch. 1516.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: affidavit requirements california attachmentpersonal knowledge affidavit attachment