What You Certify in an Affidavit of Completeness

Read each request before collecting files

A document request may ask for a date range, multiple accounts, or a category that includes electronic records. Begin with the actual request rather than sending whatever happens to be on your desktop. Make a list of likely custodians and locations, such as bank portals, bookkeeping software, email, cloud storage, and paper files. Your lawyer can address scope and objections before you sign a statement that overstates the work performed.

Possession and control extend beyond a paper folder

Rule 214 reaches responsive materials within a party’s possession or control and addresses records whose location is known even when the party does not have them. A record is not necessarily unavailable because it must be downloaded or requested from an institution. Conversely, do not claim to have searched a former employer’s system you cannot access. Describe the obstacle and identify a known custodian when appropriate.

Incomplete production needs an accurate explanation

The rule requires an affidavit stating whether production is complete. If records are outstanding, identify the categories and the reason, rather than using a blanket assertion that hides the gap. Privilege claims require separate attention under Rule 201, including a description of withheld material and the privilege asserted. An affidavit does not cure an unsupported objection or make a missing set of statements irrelevant.

The obligation continues after the first delivery

Rule 214 requires seasonable supplementation when additional responsive materials or information become known. Save a copy of the production, the response, and the signed affidavit so later supplements can be matched to the original requests. A simple production log can prevent accidental omissions and repeated transfers. If a sworn statement turns out to be inaccurate, tell counsel promptly so it can be corrected appropriately.

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