Legal Definitions - information and belief

The legal phrase information and belief is used in formal legal documents, such as court pleadings (like a complaint or an answer) or sworn statements (affidavits and declarations), to indicate that a statement is being made based on credible, secondhand knowledge rather than direct personal observation or absolute certainty.

When someone states something "upon information and belief," they are essentially saying, "I have been told this information, and I believe it to be true, even though I don't have direct, personal knowledge of it." This phrase serves a crucial purpose: it allows individuals to present facts and allegations that they genuinely believe to be accurate, based on reliable sources, without falsely claiming to have witnessed or personally verified every detail. It distinguishes statements based on direct knowledge from those based on what has been learned from others, thereby protecting the person making the statement from potential accusations of perjury if the information later turns out to be incorrect, as long as they genuinely believed it to be true at the time.

• A Business Lawsuit: Imagine a small business owner, Sarah, is suing a former employee, Mark, for allegedly stealing client data. Sarah didn't personally witness Mark downloading the files. However, her IT consultant provided a detailed report showing suspicious activity from Mark's computer, and other employees reported seeing Mark working late hours on sensitive projects he wasn't assigned to.

  In her legal complaint, Sarah's attorney might write: "Plaintiff is informed and believes, and upon such information and belief, alleges that Defendant Mark accessed and downloaded proprietary client databases without authorization on or about October 15, 2023."

  This statement illustrates "information and belief" because Sarah is not claiming to have personally seen Mark commit the act. Instead, she is relying on credible information from her IT consultant and other employees, which she believes to be true, to make the allegation. This allows her to pursue her case without falsely asserting direct personal knowledge.

• A Family Law Affidavit: Consider a situation where a parent, Maria, is filing an affidavit (a sworn written statement) in a child custody case. She needs to provide the court with her ex-spouse's current address, but she hasn't personally visited his new home. Instead, her child mentioned the address, and a mutual friend confirmed it.

  In her affidavit, Maria might state: "Upon information and belief, I believe the Respondent, John Smith, currently resides at 123 Oak Avenue, Anytown, State. This information was provided to me by our mutual friend, David, and corroborated by my daughter."

  Here, Maria uses "information and belief" because she doesn't have direct, personal knowledge of John's residence (she hasn't seen him there herself). However, she has received information from sources she considers reliable (her friend and daughter) and genuinely believes it to be true. This allows her to provide the necessary information to the court while being honest about the indirect nature of her knowledge, protecting her from potential claims of perjury if the address turns out to be slightly different.

• A Corporate Declaration: Imagine a CEO of a large corporation, Mr. Henderson, is required to sign a declaration in a lawsuit affirming the accuracy of certain company financial records. While Mr. Henderson is ultimately responsible for the company, he doesn't personally audit every transaction or compile every financial report. He relies on the work of his finance department and external auditors.

  In his declaration, he might state: "Based upon information and belief, derived from the reports and certifications of the company's finance department and independent auditors, I declare that the financial statements attached hereto accurately represent the financial condition of the company as of the dates specified."

  This example demonstrates "information and belief" because Mr. Henderson is not claiming to have personally verified every single entry or calculation. Instead, he is relying on the professional work and reports of others within his organization and external experts, which he trusts and believes to be accurate. This allows him to make a legally required statement about complex corporate finances without falsely asserting direct, personal knowledge of every minute detail.