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Complaint Not Signed - What's the NYC Law?


charlanyc
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Hello!

My summons and complaint was not signed. The affidavit of service was signed, but not the actual complaint. I mentioned this in my counterclaim but didnt site a law as I was unsure.

This is in the FRCP:

Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

(a) Signature.

Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of attorney or party

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I dont see this in the NY RCP. Does anyone know if NY Civil courts require all pleadings to be signed?

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Original post by: CharlanycAn

unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of attorney or party

I don't even know why the law makers put this stuff in the Rules...they know that either of the litigants will correct the paper promptly. But, yes you should mention it to the Court. It may help to discredit their case if they continue to be negligent.

On the other hand it is surprising that the clerk of court filed the summons and it was served. You could talk to the clerk.

It would be nice if one of the "lawyers" on the forum would pop in and add their 2 cents.

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I spoke to a clerk in person last wk and she was clueless. I just called a sec ago and was told that it could be "a human error". She said that I am free to bring it up to the judge. :|

It would be nice if one of the "lawyers" on the forum would pop in and add their 2 cents

I noticed that many of the older members dont post as much.

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Most clerks are good for black and white, yes and no questions. It seems to me that a summons not being signed would be a serious issue. I would not think the clerk should have file the claim nor should it have been served.

You could try filing a Motion to Strike and send a copy to the Plaintiff. You could wait until the trial and bring it up. I don't know which would have a better effect.

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