The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter 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. 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 ordinary affidavit.
§ 516.030.Requirements of Affidavits
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 6. Miscellaneous Provisions · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 516.030 requires every affidavit filed under this chapter to state facts with particularity and show the affiant can testify to them competently, except where information and belief is expressly allowed, and lets a qualifying verified complaint substitute for a separate affidavit.
Full Text of § 516.030
Plain-English Summary
Affidavits carry real weight throughout this chapter — they support the writ application, the exemption claims, the restraining order findings — so this section sets a baseline standard for all of them. The facts stated have to be set forth with particularity, not in vague or conclusory terms.
Each affidavit also has to show, on its face, that the affiant could testify competently to those facts if called as a witness. That requirement bends only where the chapter specifically permits a showing to rest on information and belief — the non-exemption showings this chapter allows in narrower ex parte contexts are examples of that kind of exception.
The affiant doesn't have to be a party. Anyone with knowledge of the facts can supply the affidavit. And subdivision's last sentence offers a practical shortcut: a verified complaint that meets this section's own particularity and competency requirements can be used in place of, or alongside, an ordinary affidavit.
Frequently Asked Questions
What standard must an affidavit filed under this chapter meet?
The facts must be stated with particularity, and the affidavit must show affirmatively that the affiant could testify competently to those facts as a witness.
Can an affidavit rest on information and belief?
Only where this chapter specifically permits it; otherwise the affidavit must show the affiant's personal competency to testify to the facts.
Does the affiant have to be a party to the case?
No. Section 516.030 allows any person with knowledge of the facts to serve as the affiant.
Can a verified complaint take the place of a separate affidavit?
Yes, if it satisfies this section's particularity and competency requirements, it may be used instead of or along with an ordinary affidavit.
Amendment History
Added by Stats. 1973, Ch. 526.
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 claim and delivery california