Affidavit of Documents

Each party must prepare an Affidavit of Documents using Form 5-6 of the King’s Bench Forms. This Affidavit must inform the other party about all documents you have or once had that are relevant to the case. Even if you have never had any documents relevant to the case, you must still prepare this Affidavit stating that you have no documents.

Documents that must be listed include those physically in your possession as well as ones you have the right to obtain without anyone's permission. For example, your medical records may be held by your doctor but you have the right to obtain them. You also have to list relevant documents you had at one time but no longer have. You need to say why you no longer have them and where there are now, if you know.

You must say which documents you are willing to have the other party see. You must give the other party a date and time when they can look at the documents. This must be within 10 days of when you serve the Affidavit of Documents. The other party will come to the address you gave for service unless you both agree on another place. If the documents are in constant use the other party will need to come to where they are usually kept to look at them.