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Affidavit Of Discovery for the United States

Affidavit Of Discovery Template for United States

An Affidavit of Discovery is a sworn written statement used in United States legal proceedings that formally documents the discovery process, including the identification, collection, and production of relevant documents and information. This legal document, governed by federal and state civil procedure rules, serves as testimony under oath regarding the completeness and accuracy of discovery responses, and may include details about both physical and electronic documents provided during litigation.

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Affidavit Of Discovery

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What is a Affidavit Of Discovery?

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.

What sections should be included in a Affidavit Of Discovery?

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

What sections are optional to include in a Affidavit Of Discovery?

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

What schedules should be included in a Affidavit Of Discovery?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Clauses




















Industries

Federal Rules of Civil Procedure (FRCP): Key rules governing discovery procedures, including Rules 26-37, with specific focus on Rule 33 (Interrogatories), Rule 34 (Document Production), and Rule 26(e) regarding duty to supplement discovery responses

Federal Rules of Evidence (FRE): Rules 801-807 regarding hearsay and admissible evidence, and Rules 901-903 regarding authentication of evidence

State-specific Civil Procedure Rules: Additional or varying requirements for discovery procedures specific to individual states

28 U.S.C. ยง 1746: Federal statutory requirements for unsworn declarations made under penalty of perjury

Legal Requirements for Affidavits: Core requirements including personal knowledge basis, notarization requirements, and proper jurat inclusion

E-Discovery Rules: Federal and state-specific requirements regarding electronically stored information (ESI) and electronic discovery procedures

Privacy Laws: Relevant privacy regulations including HIPAA for medical information and other applicable privacy protection requirements

Ethical Considerations: Legal and ethical principles including attorney-client privilege, work product doctrine, and duty of candor to the tribunal

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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