Information and Belief

What It Is

“On information and belief” is the phrase used to plead a fact the plaintiff believes to be true but does not know from personal knowledge. It signals to the court that the allegation rests on inference from other facts rather than on direct observation.

When It Is Permitted

Courts allow information-and-belief pleading for facts that are peculiarly within the defendants’ knowledge or control: what the officers said to each other after the arrest, what the department’s training covered, how many prior complaints were filed against an officer, whether a supervisor reviewed the body-camera footage.

It is not permitted as a substitute for facts you could know but did not bother to find out, and it does not lower the plausibility standard of Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. A conclusion pleaded “on information and belief” is still a conclusion.

What a Proper Allegation Contains

A supported information-and-belief allegation identifies:

1. the concrete facts you already know
2. the records, communications, or other information expected to establish the allegation
3. who controls that information
4. the reasonable inference the known facts support

Example of an unsupported allegation:

On information and belief, the City failed to train its officers on the use of force.

Example of a supported one:

Officers Martinez and Lewis each stated on body-camera video that they had “never been told” the department’s policy on recording bystanders. The City’s training records, which it controls, are expected to show that no in-service training on that policy was provided between 2021 and 2024. On information and belief, the City provided no such training during that period.

The second version tells the court what you know, what you expect to find, and why the inference is reasonable.

Rule 11

Rule 11(b)(3) lets you plead a factual contention that “will likely have evidentiary support after a reasonable opportunity for further investigation or discovery,” but only if the allegation is “specifically so identified.” Information-and-belief language is how you identify it. You still need a reasonable basis for the belief. See Rule 11.

Common Mistakes

• Using the phrase to plead a defendant’s state of mind with no supporting facts. “On information and belief, Officer Doe intended to retaliate” adds nothing.
• Using it for facts you personally observed. If you saw it, say you saw it.
• Using it as a placeholder for discovery. “Discovery will show” is not an allegation.
• Forgetting it in a Monell claim. Facts about policy, training, and prior incidents are usually within the city’s control, and a properly framed information-and-belief allegation is often the right tool. See Monell: Finding Evidence Before Discovery.

If you cannot state the factual basis for the belief, remove the allegation. Read the complaint-writing guide for the four kinds of sentences a complaint may contain.