§ Rule 9(i) Verification of answer

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > III Pleadings > Rule 9 > Rule 9(i)

Rule 9(i). Verification of answer

    Any responsive pleading setting up any of the following matters, unless the truth of the pleading appears of record, shall be verified by affidavit.

    1. That the plaintiff does not have legal capacity to sue.

    2. That the plaintiff is not entitled to recover in the capacity in which the plaintiff sues.

    3. That there is another action pending in this state between the same parties for the same claim.

    4. That there is a defect of parties, plaintiff or defendant.

    5. A denial of partnership, or of incorporation, of the plaintiff or defendant.

    6. A denial of the execution by the defendant or by the defendant's authority of any instrument in writing upon which any pleading is based, in whole or in part, and alleged to have been executed by the defendant or by the defendant's authority, and not alleged to be lost or destroyed. When the instrument is alleged to have been executed by a person then deceased, the affidavit may state that the affiant has reason to believe, and does believe, that such instrument was not executed by the decedent or by the decedent's authority.

    7. A denial of the genuineness of the endorsement or assignment of a written instrument.

    8. That a written instrument upon which a pleading is based is without consideration, or that the consideration therefor has failed in whole or in part.

    9. That an account which is the basis of plaintiff's action, and supported by an affidavit, is not just, and in such case the answer shall set forth the items and particulars which are unjust.