Affidavit of Documents

Frequently Asked Questions

  • What is an Affidavit of Documents?

    An Affidavit of Documents is a list of relevant documents that relates to the issues in your case. Relevant documents are documents that may help your case or damage the other party’s case. The documents should have some relevance to the issues in the case.

    Documents include such things as sound recordings, videotape, film, photographs, charts, graphs, maps, plans, surveys, books of account, and information recorded or stored on any other device.

    The Affidavit of Documents should be served within 10 days of the close of pleadings. The Affidavit of Documents is not filed unless it is relevant to a pending issue at motion or trial.

  • Do I have to show the other party all the documents I list in my Affidavit of Documents?

    Schedule A of the Affidavit of Documents lists documents that you do not object to showing the other side. Schedule B lists documents that you have in your possession but you object to showing the other side because they are privileged. You must identify the document (date of document, subject matter, title) and say why you believe that the document is privileged. The grounds for privilege are solicitor-client, litigation or statutory privilege, and without prejudice communications. Schedule C lists documents that were relevant and formerly in your possession but you no longer have. You must give enough information identifying the document, state how you lost possession of the document, and give information about where the document is now.