Affidavit Responses Template

AFFIDAVIT RESPONSES TEMPLATE

Case Title:   Case No.:

This Affidavit is made by Affiant Name: of Address: (the "Affiant") in response to discovery requests propounded by Requesting Party: of Address: (the "Requesting Party").

RECITALS

WHEREAS, the Requesting Party served written discovery and requested sworn answers and supporting documents from the Affiant; and

WHEREAS, the Affiant has personal knowledge of the facts set forth in the responses below based on the Affiant's direct involvement, review of records, or otherwise competent information; and

WHEREAS, the Affiant makes these responses under oath and subject to the penalties of perjury where applicable.

NOW THEREFORE

The Affiant responds to the enumerated requests as follows. Each response is made to the best of the Affiant's present recollection and belief. Where documents are identified, they are available as exhibits as indicated.

1. DEFINITIONS

For purposes of these responses, terms shall have the meanings ascribed in the governing pleadings. Additional specific definitions used herein include:

"Document" means any writing, record, electronic file, photograph, tape, or other tangible thing within the meaning of the applicable rules of procedure.

2. GENERAL INSTRUCTIONS AND OBJECTIONS

Each response below is made without waiving objections to the admission, relevance, materiality, or admissibility of any evidence. Objections reserved herein include but are not limited to: attorney-client privilege, work product protection, overbreadth, vagueness, undue burden, and confidentiality. Where an objection is asserted, the Affiant answers to the extent the objection does not preclude response.

3. AFFIDAVIT RESPONSES

Request No. 1:

State the full factual basis for the Affiant's involvement in the transactions at issue.

Request No. 2:

Identify each person with knowledge of the facts described in Response No. 1 and specify the subject matter of their knowledge.

Request No. 3:

List and describe all documents that support or relate to the Affiant's responses to the foregoing requests.

Request No. 4:

Identify any facts or circumstances that the Affiant cannot recall or that are uncertain, and describe efforts made to refresh memory.

Request No. 5:

State whether any information responsive to these requests has been withheld on the basis of privilege and, if so, provide a privilege log description.

Privilege asserted: Yes    No

Request No. 6:

Identify each exhibit attached to this Affidavit and state the basis for authentication of each exhibit.

4. EXHIBITS

5. CERTIFICATION UNDER OATH

I, the Affiant, declare under penalty of perjury under the laws of the State of and subject to all applicable civil and criminal penalties that the foregoing responses are true and correct to the best of my knowledge, information, and belief.

Executed on this date: in the County of .

6. SERVICE AND CERTIFICATION

The undersigned certifies that a true and correct copy of this Affidavit and all exhibits were served on the Requesting Party on: by the following method(s):

First-class mail    Hand delivery    Email delivery (where permitted)

7. MISCELLANEOUS CLAUSES

Governing Law: This Affidavit and any disputes arising out of it shall be governed by and construed in accordance with the laws of the State of , without regard to conflict-of-law principles.

Entire Agreement: This document constitutes the complete and exclusive statement of the Affiant's sworn responses to the requests identified herein and supersedes any prior sworn or unsworn statements to the extent they conflict with these responses.

Severability: If any provision of this Affidavit is held to be invalid or unenforceable, the remainder of this Affidavit remains effective and enforceable.

Amendments: Any amendment to these responses shall be made in writing, signed under oath, and appended to this Affidavit.

Waiver: No failure or delay by any party in exercising any right hereunder operates as a waiver of that right, unless made in writing and signed by the waiving party.

Counterparts: This Affidavit may be executed in counterparts, each of which is an original and all of which constitute one instrument.

NOTARY ACKNOWLEDGMENT (IF REQUIRED)

State of:    County of: .

Subscribed and sworn to before me on this date: by .

Sign Now