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Rule 11.1.Verification

Title III: Pleadings; Motions; Scheduling · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 11.1 sets the form a verification must take when a pleading is required or permitted to be verified, including who may verify on behalf of a corporation or unincorporated association.

Full Text of Rule 11.1

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Verification of pleadings authorized or permitted under these rules or by law must be a written statement or declaration by a party or the party's attorney of record sworn to or affirmed before an officer authorized to take depositions by Rule 28, or that otherwise complies with Idaho Code Section 9-1406 and Rule 28 of these rules, that the affiant believes the facts stated to be true, unless a verification upon personal knowledge is required. When a corporation is a party, the verification may be made by an officer. When a partnership or other unincorporated association is the party under a common name, the verification may be made by a member or an officer.

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

Some pleadings need to be verified, meaning a person swears or affirms that the facts in them are true. Rule 11.1 says that verification must come as a written statement or declaration by the party or the party's attorney, made before someone authorized to take depositions, or handled through the statutory declaration process under Idaho Code Section 9-1406. Where a rule or statute demands personal knowledge for the verification, that stricter standard controls.

The rule also answers a practical question: who signs the verification when the party is not an individual? A corporation's verification can come from one of its officers, and a partnership or other unincorporated association sued or suing under its common name can have a member or officer verify on its behalf.

Frequently Asked Questions

What does it mean for a pleading to be verified?

Verification means a party or the party's attorney signs a written statement or declaration swearing or affirming that the facts stated in the pleading are true, given before someone authorized to administer oaths for depositions, or under the statutory declaration procedure in Idaho Code Section 9-1406.

Who can verify a pleading filed on behalf of a corporation?

An officer of the corporation may make the verification. Rule 11.1 allows this without requiring every individual with knowledge of the facts to sign separately.

What about a partnership or unincorporated association?

When a partnership or other unincorporated association is a party under its common name, Rule 11.1 lets a member or an officer of that entity make the verification.

Does verification always require personal knowledge of the facts?

Not automatically. Rule 11.1 requires only that the affiant believe the stated facts to be true, unless some other rule or statute specifically demands verification based on personal knowledge.

Can I use a declaration instead of a sworn affidavit to verify a pleading?

Yes. The rule accepts a written declaration that complies with Idaho Code Section 9-1406 and Rule 28, as an alternative to swearing before an officer authorized to take depositions.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source
Also known as: verified pleading Idahoverification requirementsworn affidavit pleadingdeclaration under penalty of perjurywho can verify complaint