Discovery Affirmation Form

Discovery Affirmation Form

This Discovery Affirmation Form is entered into by and between the parties identified below on this date: .

Plaintiff/Petitioner/Claimant:    vs.    Defendant/Respondent:

RECITALS

WHEREAS, the parties are engaged in the above-captioned matter and are subject to discovery obligations under applicable rules of civil procedure, including preservation, collection, review, and production of documents and electronically stored information; and

WHEREAS, the parties wish to set forth a formal affirmation regarding the status of discovery efforts, the steps taken to identify and preserve responsive materials, and the representations and certifications made by a signing party regarding production and privilege assertions; and

WHEREAS, the parties intend that this Discovery Affirmation Form will serve as a written representation to opposing counsel and, if necessary, to the court, reflecting the representations below.

NOW, THEREFORE

In consideration of the mutual covenants and representations set forth herein, the parties hereby agree as follows:

1. Definitions

For purposes of this Discovery Affirmation Form, "Documents" includes all tangible papers and materials and "Electronically Stored Information" or "ESI" includes, without limitation, emails, databases, logs, archives, voicemail, text messages, collaboration platform data, system and application data, and metadata.

2. Scope of Affirmation

The undersigned affirms on behalf of the signing party that the representations set forth in Sections 3 through 7 pertain to all known custodians and sources reasonably likely to contain responsive Documents or ESI as of the effective date of this instrument.

3. Preservation and Identification

The signing party affirms that it has taken reasonable and proportionate steps to preserve Documents and ESI relevant to the subject matter of this dispute, including issuing litigation hold notices to identified custodians where applicable and suspending routine deletion or destruction policies for relevant data sources.

I affirm that preservation steps have been implemented for identified sources and custodians.

4. Custodians, Search Terms and Productions

The signing party represents that, as of the effective date, it has identified the following primary custodians and applied the search terms or collection criteria below to conduct a reasonable search for responsive material.

Produced materials are described as:

Privilege log provided:

5. Electronic Production Protocol

The signing party shall produce ESI in a reasonably usable format that preserves native metadata where feasible. If native production is not practicable, the producing party will provide a reasonably detailed explanation and will produce a TIFF/PDF image set with accompanying load files and metadata fields commonly used in litigation productions.

6. Privilege, Redactions and Clawback

The signing party certifies that claims of privilege or protection have been asserted in good faith and that a privilege log identifying withheld items will be provided in accordance with applicable rules. The parties agree that inadvertent production of privileged materials will be governed by any clawback or inadvertent disclosure procedures agreed between counsel or ordered by the court.

7. Certifications and Representations

The undersigned certifies, to the best of their knowledge after reasonable inquiry, that the representations in this Discovery Affirmation Form are true and correct. This certification includes representation that: (a) a reasonable search for responsive Documents and ESI has occurred based on the agreed custodians and search criteria; (b) preservation steps have been taken; and (c) assertions of privilege or confidentiality are being made in good faith.

8. Meet-and-Confer and Dispute Resolution

The parties agree to meet and confer in good faith to resolve disputes arising from discovery, including disputes over the sufficiency of preservation, scope of productions, and privilege assertions, before seeking court intervention. Where counsel cannot resolve the dispute, the party seeking relief may apply to the court consistent with applicable rules.

9. Remedies; Limitations

Nothing in this Discovery Affirmation Form shall waive any party's rights to seek appropriate relief for discovery misconduct, nor constitute a limitation on remedies otherwise available under law. Remedies for materially false certifications may include sanctions as permitted by applicable rules.

10. Notices

All notices required or permitted under this Discovery Affirmation Form shall be given to counsel of record for each party and shall be effective upon receipt.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Discovery Affirmation Form shall be governed by the laws of the State of . This instrument constitutes the entire written affirmation between the parties with respect to the subject matter herein and supersedes prior written or oral statements on the same subject. If any provision of this instrument is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

AMENDMENTS; WAIVER; COUNTERPARTS

This Discovery Affirmation Form may be amended only by a written instrument signed by the parties or their counsel. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This instrument may be executed in counterparts, each of which shall be deemed an original.

CERTIFICATION

The undersigned certifies under penalty of perjury under the laws of the State of that the foregoing representations are true and correct to the best of their knowledge after reasonable inquiry.

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