An Affidavit of Discovery is a crucial legal document used in U.S. litigation when parties need to formally certify their discovery responses. This document is typically required when there are questions about the completeness of discovery, when documenting electronic discovery efforts, or when confirming compliance with discovery requests. The affidavit must comply with both federal and state civil procedure rules and includes detailed information about the search, collection, and production of documents and information. It serves as a sworn statement that can be relied upon by the court and other parties in the litigation.
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1. Caption: Court information, case number, parties involved
2. Introduction: Affiant's identification and basis for personal knowledge
3. Subject Matter Declaration: Specific facts and information being attested to regarding discovery
4. Verification Statement: Statement affirming truth of contents under penalty of perjury
5. Signature Block: Affiant's signature, date, and notary acknowledgment
1. Document List: Itemized list of discovered documents when attesting to document production
2. Electronic Discovery Statement: Details about electronic documents or data discovered when ESI is involved
3. Privilege Log Reference: Reference to separate privilege log when privileged documents are being withheld
1. Schedule A: Detailed inventory of physical documents produced
2. Schedule B: List of electronic documents or data sources
3. Schedule C: List of documents withheld on privilege grounds
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