Can an attorney verify a pleading for his client when the client is absent from the county in which the attorney has his office?

California, United States of America


The following excerpt is from Marriage of Melton, In re, 28 Cal.App.4th 931, 33 Cal.Rptr.2d 761 (Cal. App. 1994):

Code of Civil Procedure section 446 permits an attorney to verify a pleading for his or her client when the client is absent from the county in which the attorney has his or her office. When the attorney signs the pleading, it is not considered as establishing the truth of the facts alleged therein. Improper verification, however, is an objection that must be raised in the trial court and is waived if it is not. (Zavala v. Board of Trustees (1993) 16 Cal.App.4th 1755, 1760-1761, 20 Cal.Rptr.2d 768.)

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