Form 30A – Affidavit of Documents (Manitoba)

Jurisdiction: Country: Canada | Province or State: Manitoba

What is a Form 30A – Affidavit of Documents (Manitoba)?

Form 30A is a sworn statement used in civil cases. You use it to list your relevant documents. It confirms what you have, what you will produce, and what you withhold. It also notes what you no longer have.

The document structures your disclosure into three schedules. Schedule A lists documents you will produce. Schedule B lists documents you will not produce, with reasons. Schedule C lists documents you no longer have or control.

You swear the affidavit before a commissioner for oaths or notary. You certify that you searched for all relevant documents. You also certify that your list is complete and accurate to your knowledge.

Civil litigants use this form. That includes individuals and businesses. Plaintiffs, defendants, third parties, and added parties each file their own. If you sue or get sued, you will likely need it.

You file Form 30A during discovery. Discovery is the evidence exchange stage. The goal is openness and fairness. Each side sees the other side’s records. This helps narrow issues and avoid surprises at trial.

You need this form to meet your duty of disclosure. That duty covers documents in your possession, control, or power. “Possession” means you physically hold it. “Control” means you can demand it. “Power” means you have a legal right to obtain it.

The duty covers paper and electronic records. That includes emails, texts, photos, audio, and video. It also includes file metadata and system logs. Cloud files and backups are covered as well.

Typical uses:

• Use it in contract claims, property disputes, and negligence cases.
• Use it in employment claims and debt actions.
• You may also use it in corporate and shareholder disputes.
• Many commercial cases depend on Form 30A disclosure.

Here is a simple example:

You sue a contractor for poor work. Your Schedule A lists the contract, change orders, and invoices. Your emails with the contractor also go there. You may claim privilege over your lawyer’s advice in Schedule B. If a relevant file was deleted before the dispute, you list that in Schedule C.

The affidavit drives the next steps. It sets the scope for document production. It frames examinations for discovery. It helps both sides assess risk and settlement.

When Would You Use a Form 30A – Affidavit of Documents (Manitoba)?

You use Form 30A after pleadings close. Pleadings are the claim, defence, and any replies. Once those finish, discovery begins. Each party must disclose their relevant documents. The court or the rules will set timing.

If you are a plaintiff, you prepare it early in discovery. If you are a defendant, you do the same. Third parties also disclose. Everyone has a parallel duty to list documents.

Use the form whenever documents matter to the issues. That is most civil cases. It applies in small, medium, and large cases. It also applies whether you have a lawyer or are self-represented.

Here are practical situations. A tenant sues a landlord for deposit return. The tenant lists the lease, emails, and photos. The landlord lists inspection reports and payment records. Each party serves a Form 30A.

A business sues a supplier for late delivery. The business lists the purchase order and logs. It also lists emails and chat messages with the supplier. The supplier lists shipping documents and production records. Both claim privilege over internal legal advice.

An employee sues for wrongful dismissal. The employee lists the contract and performance reviews. The employer lists HR records and meeting notes. Both list emails and texts that discuss the termination.

A homeowner sues over a failed renovation. The homeowner lists permits and invoices. The contractor lists subtrade agreements and schedules. Each lists photos and messages that show work progress.

Courts expect this process to be serious. You cannot pick and choose helpful records. You must list the good and the bad. The opposing side gets a fair picture of your documents.

You may also use Form 30A more than once. You serve a supplementary affidavit if new documents appear. This happens when you find files later. It also happens when you receive files from third parties. You update the record to stay accurate.

If you are a corporate party, the process is wider. You must search across departments. You must speak with employees who hold key records. This may include IT, finance, and project teams. You also consider subsidiaries and affiliates if you control their records.

Legal Characteristics of the Form 30A – Affidavit of Documents (Manitoba)

Form 30A is a sworn affidavit. It is evidence under oath. You attest to the completeness of your search and list. False statements can have serious consequences.

The form is legally binding because court rules require it. Courts enforce full and fair disclosure. Judges can make orders if disclosure is lacking. They can order more production. They can impose costs against you. In severe cases, they can strike pleadings.

Your affidavit must reflect a reasonable and diligent search. You cannot ignore inconvenient files. You cannot hide adverse documents. If you do, you risk sanctions. You also risk credibility at trial.

Privilege protects some documents from production. Common privileges include solicitor-client and litigation privilege. Settlement negotiations are usually protected. You list those documents in Schedule B. You give enough detail to identify each item. You also state the ground of privilege.

A claim of privilege must be in good faith. It must be specific. Broad blanket claims are risky. Courts can require better particulars. They can also review disputed documents in private.

You have a continuing duty to disclose. This duty runs to the end of the case. If you find new relevant documents, you must update. Use a supplementary Form 30A. Serve it quickly once you find new material.

The duty to preserve records begins early. It starts when you anticipate a dispute. You should stop routine deletion of relevant files. This is often called a litigation hold. You should notify staff and vendors who handle your data. Preserve cloud files and device data as well.

Electronic records need special care. Metadata may be relevant. Searches should be systematic and documented. Work with IT to capture sources and keywords. Maintain chain of custody if needed. This protects the integrity of your evidence.

Confidential business information does not block listing. You still disclose that the document exists. You can propose redactions or a confidentiality order. You may also propose access limits. The court can approve protections where needed.

You normally serve but do not file your Form 30A. Filing may occur if there is a motion. It may also occur if the court directs it. Keep a signed original in your records. Keep proof of service as well.

The enforcing tools are strong. Courts can defer your right to examine the other side. The court can bar you from relying on undisclosed documents. You avoid these risks by disclosing fully and early.

How to Fill Out a Form 30A – Affidavit of Documents (Manitoba)

Follow these steps to complete the form accurately. Keep your sentences and descriptions clear. Avoid jargon and vague phrasing.

1) Scope your issues and sources.

• Read the pleadings closely. List the key issues in dispute.
• Identify relevant date ranges and topics.
• Map likely document custodians and systems.
• Include computers, phones, email, and cloud accounts.
• Include paper files and offsite storage.

2) Preserve and collect your records.

• Send a litigation hold to relevant staff.
• Pause any auto-deletion for relevant data.
• Collect from primary and backup sources.
• Keep a record of your search steps.
• Note any limits or lost data.

3) Choose the deponent.

• The deponent swears the affidavit.
• Choose someone with direct knowledge.
• For companies, pick a knowledgeable representative.
• The deponent must oversee the search.
• They must attest to its completeness.

4) Organize the documents.

• Assign each document a unique number.
• Use simple Bates numbers if possible.
• Group by topic or chronology for clarity.
• Keep exact copies for production.
• Track any redactions in a log.

5) Complete the heading.

• Insert the court file number and style of cause.
• Insert the judicial centre.
• Identify the party serving the affidavit.
• Insert the deponent’s full name and role.
• Confirm your party status in the text.

6) Draft the opening statements.

• The form contains standard declarations.
• Confirm you have made a reasonable search.
• Confirm you listed all relevant documents.
• Confirm the schedules are complete to your knowledge.
• Avoid adding unnecessary qualifiers.

7) Prepare Schedule A (documents you will produce).

• List each document with a unique number.
• State the date, author, and recipients if known.
• Provide a short, neutral description.
• Example: “Email, 2023-04-12, Smith to Jones, delivery delay.”
• Include electronic records and attachments.
• Include photos, texts, spreadsheets, and logs.
• Group similar items where helpful.
• Example: “Bank statements, Jan–Jun 2023, six statements.”
• Do not argue your case in descriptions.
• Attach copies to your service package.
• Do not staple or exhibit them to the affidavit.
• Keep document order consistent with your list.

8) Prepare Schedule B (documents withheld for privilege).

• List each withheld item with a unique number.
• Provide identifying details without revealing content.
• Include date, author, and recipients if known.
• State the privilege claimed and why it applies.
• Example: “Memo, 2023-05-01, to counsel, request for legal advice.”
• Example: “Email chain, 2023-06-10, litigation strategy, counsel included.”
• Use “without prejudice” for settlement discussions where proper.
• Indicate if a document is partly redacted.
• Example: “Invoice, redacted for legal advice in narrative.”
• Be specific and consistent across entries.

9) Prepare Schedule C (documents no longer in your possession, control, or power).

• Identify each missing item clearly.
• Describe the document with as much detail as you can.
• Explain what happened and when it happened.
• State where it may be found, if known.
• Example: “Old server log, 2019 Q3, overwritten before dispute.”
• Example: “Subcontract signed copy, retained by subcontractor.”
• Example: “Paper file destroyed under policy, 2020, before claim.”

10) Address third-party and control issues.

• Consider records held by your agents.
• Include records held by your accountant or broker.
• Include subsidiary or parent records you control.
• If you cannot obtain them, explain why.
• Note any steps you took to request them.

11) Check completeness and consistency.

• Compare your list to the issues in dispute.
• Cross-check dates and key events.
• Review for duplicates and numbering gaps.
• Verify privilege claims with counsel if possible.
• Fix any ambiguous descriptions.

12) Prepare the jurat and signature.

• Arrange a commissioner for oaths or notary.
• Sign the affidavit in their presence.
• They will complete the jurat with location and date.
• Initial any changes on the form and schedules.
• Make sure the name and capacity are correct.

13) Serve the affidavit and production set.

• Serve the sworn Form 30A on all other parties.
• Serve copies of Schedule A documents with it.
• For large sets, provide secure digital access.
• Confirm any production format by agreement.
• Keep proof of service and delivery logs.

14) Manage inspection and follow-up.

• Arrange inspection if the other side requests it.
• Provide native files if agreed or ordered.
• Provide metadata if relevant and requested.
• Keep a log of what you deliver and when.
• Address any objections in writing.

15) Update if new documents are found.

• Prepare a supplementary Form 30A.
• Number new items sequentially.
• Serve the supplement without delay.
• Correct any errors discovered later.
• Keep your disclosure current to the end.

16) Handle confidentiality and redactions.

• If a document is sensitive, consider redaction.
• Redact only what is necessary.
• Mark redactions clearly and explain the basis.
• Propose a confidentiality agreement if needed.
• Seek a court order if parties cannot agree.

17) Avoid common mistakes.

• Do not omit electronic messages.
• Do not forget attachments to emails.
• Do not list vague items like “various emails.”
• Give dates and authors where possible.
• Avoid blanket privilege claims.

18) Practical examples of entries.

• Schedule A: “Change order #3, 2023-02-15, signed, scope increase.”
• Schedule A: “Photo, 2023-03-01, kitchen wall crack, JPEG.”
• Schedule B: “Counsel letter, 2023-04-22, legal advice, solicitor-client.”
• Schedule B: “Email thread, 2023-05-05, settlement talks, without prejudice.”
• Schedule C: “Timesheets, 2018 Q4, disposed under policy in 2020.”

19) Production format tips.

• Use searchable PDFs for most documents.
• Keep native files for spreadsheets and databases.
• Preserve file names and dates where possible.
• Use a common naming convention.
• Confirm any special format needs in writing.

20) Quality control and sign-off.

• Have another team member review the package.
• Confirm all schedules match the index.
• Confirm privilege entries are consistent.
• Ensure the jurat is complete and legible.
• Save a final, locked copy for your records.

A careful Form 30A saves time later. It reduces disputes and motion costs. It also improves the quality of discovery. Strong disclosure supports better results at trial or settlement.

If you are unsure about privilege, ask for legal advice. Privilege rules can be complex. Early advice can prevent waiver. It also avoids rework and extra cost.

Remember your duty to be honest and complete. Courts value candour in discovery. You protect yourself by disclosing fully and promptly.

 

Legal Terms You Might Encounter (Form 30A – Affidavit of Documents, Manitoba)

• Affidavit. This is your sworn statement about documents. You confirm the lists are complete and accurate to your knowledge.
• Deponent. This is you, the person swearing the affidavit. You must appear before someone authorized to take affidavits.
• Commissioner for Oaths or Notary Public. This is the authorized person who witnesses your oath or affirmation. They complete the jurat on the form.
• Jurat. This is the section that shows where and when you swore the affidavit. It is signed by the commissioner or notary.
• Possession, Control, or Power. These terms define your reach over documents. Include documents you hold, can get, or can legally demand.
• Privilege. This shields certain documents from disclosure. Typical claims include lawyer‑client communications or materials prepared for litigation.
• Without Prejudice. This marks settlement communications to keep them confidential. You list them as privileged, but do not disclose content.
• Redaction. This is the act of blacking out protected information. Use it for irrelevant personal data or privileged content within a document.
• Schedules. Form 30A separates documents into three schedules. It groups available, unavailable, and privileged materials for clarity.
• Undertaking. This is a promise to provide more documents later. You may give undertakings after discovery and must follow through.
• Relevance. Documents must relate to the issues in the case. Focus on material that could affect the claims or defenses.
• Chain of Custody. This tracks how original documents were handled. Keep it clean for records you may need to introduce at trial.

FAQs

Do you need a lawyer to complete Form 30A?

No, you can complete it yourself. That said, the form has legal impact. You swear its truth under oath. If you are unsure about scope or privilege, get help. A short consult can prevent costly disclosure issues.

Do you have to include emails and texts?

Yes, if they relate to the issues. Emails, texts, chats, and messages count as documents. So do social media messages and collaboration platform posts. Export or capture them in a readable format. Keep the message date, sender, recipient, and subject where possible.

Do you list documents you no longer have?

Yes. You still disclose them. State that you no longer have them and where they likely are. Include who has them now, if known, and how they left your possession. Give enough detail so the other side can try to obtain them.

Do you provide copies of every listed document?

Not always. You disclose the existence of all relevant documents. You produce copies for non‑privileged documents unless inspection is more practical. For large or sensitive items, offer supervised inspection. Note any copy or format limits you will apply.

Do you have to disclose privileged documents at all?

You list them but do not reveal their content. For each privileged document, give enough detail to support the claim. Include date, author, recipient, general subject, and type of privilege. Avoid revealing the legal advice itself.

Do you need to keep updating the affidavit?

Yes, when new relevant documents are found. Serve a supplemental affidavit promptly. Update your index and numbering to keep the record clear. Courts expect rolling disclosure as you uncover new material.

Do you have to search your devices at home?

If relevant documents could be there, yes. You must make a reasonable search in places where relevant material likely exists. That includes work and personal devices used for case‑related communications. Balance privacy concerns with your duty to disclose.

Do you need a separate affidavit for each party you represent?

Yes, if you are completing it on behalf of multiple parties. Each party swears their own affidavit. Keep the document sets separate. Do not mix corporate and personal records unless overlap is unavoidable.

Checklist: Before, During, and After the Form 30A – Affidavit of Documents (Manitoba)

Before signing

• Confirm the case style of cause and file number.
• Clarify the issues and date ranges in dispute.
• Map data sources: email, phones, cloud drives, servers, paper files.
• Issue or confirm a litigation hold to stop deletion.
• Identify custodians: who likely has relevant documents.
• Search using agreed date ranges and keywords.
• Collect emails, texts, chats, calendars, and notes.
• Gather contracts, invoices, receipts, and bank records.
• Pull photos, videos, and audio where relevant.
• Export metadata where it helps identify documents.
• Log each document with title, date, author, and location.
• Note whether each document is in your possession, control, or power.
• Flag documents no longer in your possession and where they might be.
• Assess privilege for communications with legal advisors.
• Separate settlement communications marked “without prejudice.”
• Plan redactions for irrelevant personal or confidential data.
• Assign a consistent document numbering system.
• Prepare the three schedules: available, unavailable, privileged.
• Draft brief descriptions that do not disclose privileged content.
• Confirm pagination and legibility of all attachments.
• Confirm you, as deponent, understand the content.

During signing

• Verify your full legal name and role are correct.
• Check the style of cause and court file number.
• Confirm each schedule is complete and consistent with your log.
• Ensure privilege claims state the type of privilege.
• Confirm descriptions are specific but non‑prejudicial.
• Verify documents no longer in your possession include reasons and details.
• Review redactions for accuracy and completeness.
• Check that numbering is sequential and unique.
• Ensure exhibits and schedules are properly labeled and tabbed.
• Review every page for typos, inconsistencies, and missing pages.
• Confirm the jurat has the correct date and location.
• Swear or affirm before an authorized commissioner or notary.
• Sign each page if required by local practice.
• Ensure the commissioner or notary signs and stamps, where applicable.

After signing

• Create a clean PDF and a working copy with bookmarks.
• Keep a secure electronic folder with the native files and the PDF.
• Serve the affidavit on all other parties in the case.
• File it with the court if the rules or an order require filing.
• Document the method and date of service for your records.
• Produce non‑privileged documents in an agreed format.
• If inspection is needed, propose dates and conditions.
• Update your disclosure log after service and production.
• Calendar dates for discoveries and any production deadlines.
• Track undertakings given at discovery and their due dates.
• Prepare to explain your search steps if challenged.
• Keep the litigation hold in place until the matter concludes.
• Plan for supplemental affidavits if new records appear.
• Store originals safely for potential use at trial.

Common Mistakes to Avoid (Form 30A – Affidavit of Documents, Manitoba)

• Overlooking message data. Don’t forget texts, chats, and social media messages. Courts expect these if relevant. Missing them can trigger production orders and costs.
• Making blanket privilege claims. Avoid saying “all emails with counsel” without detail. Insufficient claims can lead to review orders or forced disclosure.
• Ignoring documents you no longer hold. You must still list them and explain. Omissions can harm credibility and invite adverse inferences.
• Weak document descriptions. Vague entries like “file” or “email” are not helpful. Poor descriptions cause disputes and delay examinations.
• Faulty jurat or commissioning. Wrong date, place, or missing signature can invalidate your affidavit. You may have to redo it and risk deadline issues.

What to Do After Filling Out the Form (Form 30A – Affidavit of Documents, Manitoba)

Commission and finalize

• Swear or affirm the affidavit before an authorized person. Ensure the jurat is complete. Lock the final version for distribution.

Serve and, if required, file

• Serve the affidavit on all parties by an accepted method. File with the court if required by the rules or an order. Keep proof of service and filing.

Produce non‑privileged documents

• Provide copies in a readable, agreed format. Use consistent numbering so the other side can match items to your schedules. For large files, coordinate secure transfer or inspection.

Manage privileged and redacted material

• Provide a clear privilege log through your Schedule for privileged items. Use narrow redactions with a note explaining why. Be ready to justify each claim if challenged.

Prepare for discovery

• Review your affidavit before examinations. Know what you disclosed and why. Bring organized copies for reference. Expect questions about your search and document handling.

Handle undertakings and follow‑ups

• Track any undertakings you give during discovery. Gather and serve the promised materials by the agreed dates. Use a checklist to confirm completion.

Supplement when needed

• If you find new relevant documents, prepare a supplemental affidavit. Keep numbering consistent. Serve it quickly to avoid delay arguments.

Resolve disputes efficiently

• If the other side challenges your disclosure, try to narrow the issues. Consider targeted searches, staged production, or agreed confidentiality measures. Document any agreements reached.

Protect original records

• Store originals securely. Avoid marking or altering them. Maintain a clean chain of custody for items that may go to trial.

Coordinate with experts and witnesses

• Share produced materials with your experts as needed. Ensure they receive the same versions and numbering. Update them when you serve supplements.

Close the loop at the end

• After the case, lift the litigation hold only when safe to do so. Follow any order about returning or destroying confidential materials. Keep a copy of the final record as allowed.