Full question:
If I refuse to respond to an interrogatory pursuant to a claim of privilege, I must submit a certified sworn statement of my good faith basis for the privilege claimed. What is considered my 'Good Faith Basis'? What type of form is that? Who certifies it? Request is for a Federal employee EEO disability complaint. I requested a hearing in front of an Administrative Judge in Miami.
- Category: Discovery
- Subcategory: Interrogatories
- Date:
- State: Florida
Answer:
Good faith is defined by Black's Law Dictionary as "a state of mind consisting in ... honesty in belief or purpose ... or absence of intent to defraud or to seek unconscionable advantage." Good faith can be a defense to legal claims where the plaintiff must establish that the defendant had a particular state of mind, such as an intent to do harm. Essentially, it is a defense that can be used by the defendant to establish that he or she lacked the required mental culpability necessary to hold him or her liable for an alleged harm.
A certified statement generally refers to a statement made under penalty of perjury, and it may be notarized by a notary. When you answer interrogatories, you must also attach a statement that states that you swear or affirm that your answers are true to the best of your knowledge. You must sign the statement in the presence of a notary public.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
