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Affidavit of Third Party Custodian

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UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

V.

Plaintiff,

CASE NUMBER

COMPLAINT

INDICTMENT/INFORMATION

Violation of Title

Section

PERSONAL RECOGNIZANCE (Signature only - no dollar amount)

UNSECURED APPEARANCE BOND IN THE AMOUNT OF $

APPEARANCE BOND IN THE AMOUNT OF $

WITH CASH DEPOSIT (AMOUNT OR %)

WITH AFFIDAVIT OF SURETY NO JUSTIFICATION (Form CR-4)

WITH AFFIDAVIT WITH JUSTIFICATION OF SURETY (Form CR-3)

WITH DEEDING OF PROPERTY

COLLATERAL BOND IN AMOUNT OF $ (Cash or Negotiable Securities)

CORPORATE SURETY BOND IN AMOUNT OF $ (Separate Form Required)

ADDITIONAL REQUIREMENTS:

ALL REQUIREMENTS OF BOND SHALL BE MET AND BOND POSTED NO LATER THAN:

ALL REQUIREMENTS HAVE BEEN MET:

BAIL FIXED BY COURT

PRE-CONDITIONS TO RELEASE

You are to surrender to the Clerk of Court all passports issued to you and not apply for the issuance of a passport during the pendency of this case.

Bail is subject to Nebbia Hearing.

ADDITIONAL CONDITIONS OF RELEASE

Travel restricted to

You are to reside with

Pretrial Services supervision. Intensive

You are not to use illegal drugs and are to cooperate with Pretrial Services in a drug treatment and testing program.

You are to participate in a residential drug/alcohol treatment program as approved by Pretrial Services.

Other conditions:

GENERAL CONDITIONS OF RELEASE

I will appear in person in accordance with any and all directions and orders relating to my appearance in the above entitled matter as may be given or issued by the Court or any judicial officer thereof, in that Court or before any Magistrate Judge thereof, or in any other United States District Court to which I may be removed or to which the case may be transferred.

I understand the next ordered appearance is at

a.m.

p.m.

(Place)

(Date/Time)

I will abide by any judgment entered in this matter by surrendering myself to serve any sentence imposed and will obey any order or direction in connection with such judgment as the Court may prescribe.

I will not leave the State of California except upon order of this Court, and I will immediately inform my counsel of any change in my residence address or telephone number so that I may be reached at all times.

I will not commit a Federal, State, or local crime during the period of release.

I will not intimidate any witness, juror or officer of the court or obstruct the criminal investigation in this case in violation of Title 18 USC Section 1503 and 1510. Additionally, I will not tamper with, harass or retaliate against any alleged witness, victim or informant in this case in violation of Title 18 USC Section 1512 and 1513.

ACKNOWLEDGEMENT OF DEFENDANT/MATERIAL WITNESS

AS A CONDITION OF MY RELEASE ON THIS BOND, PURSUANT TO TITLE 18 OF THE UNITED STATES CODE, I HAVE READ OR HAVE HAD INTERPRETED TO ME AND UNDERSTAND THE GENERAL CONDITIONS OF RELEASE, THE PRE-CONDITIONS AND ADDITIONAL CONDITIONS OF RELEASE AS CHECKED ABOVE AND AGREE TO COMPLY WITH ALL CONDITIONS OF RELEASE IMPOSED ON ME AND TO BE BOUND BY THE PROVISIONS OF LOCAL CRIMINAL RULES 5.2, 5.4 AND 5.5

FURTHERMORE, IT IS AGREED & UNDERSTOOD THAT THIS IS A CONTINUING BOND (INCLUDING ANY PROCEEDING ON APPEAL OR REVIEW) WHICH SHALL CONTINUE IN FULL FORCE & EFFECT UNTIL SUCH TIME AS DULY EXONERATED.

I UNDERSTAND THAT VIOLATION OF ANY OF THE GENERAL AND/OR ADDITIONAL CONDITIONS OF RELEASE AS GIVEN ON THE FACE OF THIS BOND MAY RESULT IN A REVOCATION OF RELEASE, AN ORDER OF DETENTION AND A NEW PROSECUTION FOR AN ADDITIONAL OFFENSE WHICH COULD RESULT IN A TERM OF IMPRISONMENT AND/OR FINE.

I FURTHER UNDERSTAND THAT IF I FAIL TO OBEY AND PERFORM ANY OF THE GENERAL AND/OR ADDITIONAL CONDITIONS OF RELEASE AS GIVEN ON THE FACE OF THIS BOND, THIS BOND MAY BE FORFEITED TO THE UNITED STATES OF AMERICA. IF SAID FORFEITURE IS NOT SET ASIDE, JUDGMENT MAY BE SUMMARILY ENTERED IN THIS COURT AGAINST MYSELF AND EACH SURETY, JOINTLY AND SEVERALLY, FOR THE BOND AMOUNT, TOGETHER WITH INTEREST AND COSTS, AND EXECUTION OF THE JUDGMENT MAY BE ISSUED OR PAYMENT SECURED AS PROVIDED BY THE FEDERAL RULES OF CRIMINAL PROCEDURE AND OTHER LAWS OF THE UNITED STATES AND ANY CASH, REAL OR PERSONAL PROPERTY OR THE COLLATERAL PREVIOUSLY POSTED IN CONNECTION WITH THIS BOND MAY BE FORFEITED.

DATE:

Defendant/Material Witness' Signature

Telephone Number

Address (please print)

City, State And Zip Code

Check if interpreter is used: I have interpreted into the language all of the above conditions of release and have been told by the defendant that he or she understands all of the conditions of release.

Date:

Interpreter's signature

APPROVED:

UNITED STATES MAGISTRATE JUDGE

DATE:

IF CASH DEPOSITED: RECEIPT #

FOR $

(This bond may require surety agreements and affidavits pursuant to Local Criminal Rules 5.2 or 5.3)

CR-1 (02/97) CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND BOND FORM

ORIGINAL - YELLOW COPY WHITE - DEFENDANT COPY PINK- PRETRIAL SERVICES

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What an Affidavit of Third Party Custodian Is

An Affidavit of Third Party Custodian is a sworn written statement used to document that a person or organization (the custodian) holds custody of specific records, property, or evidence on behalf of another party. The affidavit identifies the custodian, describes the items in custody, states the dates and circumstances of transfer, and explains the custodian's authority to possess and produce the items. It is typically notarized and may be required for legal proceedings, records requests, audits, or administrative processes where chain-of-custody and provenance must be established under oath.

Why this affidavit matters in legal and administrative workflows

The affidavit provides a clear, sworn record of who holds specific items and why, helping courts and agencies verify custody without repeated testimony.

Why this affidavit matters in legal and administrative workflows

Who commonly prepares or requests this affidavit

The affidavit clarifies responsibilities among parties and provides an evidentiary foundation that reduces follow-up questions and procedural delays.

  • Law firms needing sworn proof of document custody during discovery and litigation.
  • Healthcare providers or medical records vendors responding to authorized records requests or subpoenas.
  • Property managers, storage companies, or evidence custodians documenting chain-of-custody for physical items.

Who can sign and the stakeholder roles

Third-Party Custodian

The individual or organization holding the items signs the affidavit, attesting under oath to possession and the facts described. The signer should be an authorized representative with direct knowledge and ability to produce the items if required.

Requesting Party

The attorney, agency, or institution requesting the affidavit uses it to document custody. They should confirm the affidavit's scope and ensure it meets evidentiary requirements for the intended court, regulator, or recipient.

Step-by-step: Filling and finalizing the affidavit

Follow these steps in order to complete a legally reliable affidavit of third party custodian.

  • 01
    Prepare details: Gather item descriptions, transfer dates, and authority documents before drafting.
  • 02
    Draft affidavit: Complete name, custody description, basis for possession, and dates.
  • 03
    Review and verify: Confirm facts with custodial records and internal approvals.
  • 04
    Sign and notarize: Signer executes affidavit; obtain notarization or RON if permitted.

Typical routing and handling after execution

After signing, the affidavit follows a predictable path depending on purpose and recipient.

  • Deliver to requester: Send notarized copy to the requesting attorney or agency.
  • Legal filing: If required, file with court as an exhibit or proof of custody.
  • Retain with records: Custodian keeps a signed copy with provenance documentation.
  • Produce on demand: Be prepared to present originals during discovery or audits.

Digital workflow settings to capture custody reliably

Configure your e-signature workflow to ensure identity, tamper evidence, and retention are preserved.

Field Configuration
Signer Authentication Email + SMS code or advanced ID verification
Notary Support Allow remote notarization where state law permits
Audit Trail Enable full action logging and timestamps
Storage Retain signed PDF/A with certificate

Technical and integration considerations for e-signature

Choose a solution that supports secure signing, notarization workflows, and standard formats used by courts and agencies.

  • File formats: PDF, PDF/A, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace, Box
  • Authentication: Email, SMS, KBA, or advanced ID

Key timing considerations and deadlines

Certain dates affect admissibility, retention, and statutory obligations. Observe these common timelines.

Effective custody date:

Record the exact date the custodian received the items.

Notarization deadline:

Notarize before sending when a notarized affidavit is requested.

Production timelines:

Comply with subpoena or discovery deadlines set by the issuing party or court.

Retention trigger:

Retention periods often start at custody date or production date.

Audit response window:

Provide documents within the timeframe specified in audit notices.

Milestones from custody to final disposition

Track sequential milestones to maintain a defensible chain of custody and comply with requests.

01

Receipt and documentation

Custodian documents transfer and records item details immediately.

02

Affidavit execution

Signer completes and signs the affidavit, then obtains notarization.

03

Delivery to requester

Provide notarized affidavit and supporting records to the requesting party.

04

Retention or disposition

Store or dispose of items per legal and contractual obligations.

Common preparation mistakes that cause delays

  • Using vague descriptions like 'documents' without identifiers, which complicates verification and may render the affidavit insufficient.
  • Failing to state the legal basis for custody (contract, subpoena, service agreement) so recipients cannot confirm authority to hold items.
  • Omitting exact dates or times of transfer, weakening chain-of-custody when timelines are contested in court or audits.
  • Skipping required notarization or using an improperly completed notary block, causing rejection by courts or agencies.

Security and compliance controls to preserve evidentiary value

Encryption: TLS 1.2/1.3 and AES-256
Audit trail: Timestamps, IP, action log
Authentication: Email, SMS, KBA options
HIPAA support: BAA available
Legal compliance: ESIGN and UETA compatible
Format retention: Signed PDF/A export

Potential legal and practical risks from incorrect affidavits

Perjury exposure: Possible criminal penalties
Evidence exclusion: Court may refuse documents
Civil liability: Claims for negligence or breach
Regulatory fines: Agency penalties possible
Production delays: Repeat requests and subpoenas
Contract risk: Breach of contract claims

Real-world examples of custody affidavits in practice

These short examples show how organizations document third-party custody when records or items must be produced under oath.

Optica Ventures LLC

When outsourcing investor paperwork, Optica recorded precise custody details and access controls to prevent disputes.

  • The platform streamlined signature collection and storage.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers," said Brian Fitzgibbons, COO, describing easier production in investor due diligence.

Fertility Centers of Illinois

Medical records held by a third-party vendor were documented with an affidavit and HIPAA addendum before release.

  • The affidavit referenced patient authorizations and retention logs.
  • John Butler, Founder, noted the solution enabled compliant signatures and audit trails to support regulatory requests without manual handoffs.

Select e-signature pricing and feature comparison for affidavit workflows

Basic pricing and core capabilities vary by vendor; signNow is listed first to facilitate side-by-side comparisons of starting price and key compliance features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No No No
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about the affidavit and e-signing

Answers to common procedural and legal questions when preparing, signing, and submitting an Affidavit of Third Party Custodian.


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