Form 30A – Affidavit of Documents (Individual)

Jurisdiction: Country: Canada | Province or State: ON

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

Form 30A is a sworn list of documents that relate to your civil lawsuit. You sign it to confirm you have searched for relevant records and disclosed them. It is required in civil actions under Ontario’s Rules of Civil Procedure. Individuals use Form 30A. Corporations use a different version.

In this form, you divide your documents into three parts called Schedules. Schedule A lists the documents you have and will produce. Schedule B lists the documents you have but object to producing, usually because of privilege. Schedule C lists the documents you once had but no longer possess or control. You swear that the list is complete to the best of your knowledge. You also name anyone who helped you search for records.

You typically use this form if you are a plaintiff or a defendant in the Superior Court of Justice. If you are involved in a personal injury claim, a wrongful dismissal case, a contract dispute, a professional negligence claim, or estate litigation, you will likely use Form 30A. It is a core step in the discovery process.

You file this form to promote fairness. Each side needs to know what records the other side has. This lets everyone prepare for examinations for discovery and trial. It reduces surprise and helps narrow the real issues. The court expects full and honest disclosure.

You may need Form 30A even if your documents are mostly electronic. Emails, texts, messaging apps, photos, spreadsheets, calendars, social media content, device data, and cloud files all count. Drafts, notes, and previous versions can also be relevant. If a record could help or hurt any party’s case, it is likely relevant.

If you represent yourself, you still must complete and serve this form. The obligation is on each party, not only on lawyers. You will swear or affirm the affidavit in front of a commissioner for taking affidavits. You will then serve it on every other party in the action.

Form 30A is not used in Small Claims Court, family law cases, or most tribunal matters. Those forums have different rules. It is also not a form for criminal cases. It is for civil actions in the Superior Court of Justice.

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

You use Form 30A after pleadings close in a civil action. “Pleadings” are the claim, defence, counterclaim, and reply, if any. The default rule is that you must serve the affidavit of documents within 10 days after the close of pleadings. In practice, the court or the parties may set a timetable. You should still aim to serve it early, before examinations for discovery.

Picture a few scenarios. You sue after a car crash for injuries and lost income. You would disclose medical records, treatment invoices, photos, and emails about your recovery. You would also disclose texts about your activity level, work, or pain, if relevant. If you are the defendant driver, you would disclose your notes, insurance communications, vehicle photos, and any dashcam footage.

Consider a wrongful dismissal claim. As the former employee, you would disclose your employment contract, emails with HR, performance reviews, job search records, and earnings since dismissal. As the employer, you would disclose the employment agreement, policy manuals, relevant emails, performance records, payroll data, and internal notes on the termination decision.

For a contract dispute, both sides would disclose the contract, drafts, change orders, correspondence, meeting notes, invoices, and proof of payment. You would also include project documents, logs, and any photos or videos that record work. If a third party held documents, you would still list them if you had control or power to obtain them.

Estate litigation offers another example. You might disclose wills, codicils, solicitor notes (subject to privilege issues), banking records, and care records. You would also consider texts and emails about the deceased’s intentions or capacity. If privilege applies, list the records in Schedule B and state the grounds for the objection.

Homeowners in a property damage case would disclose repair quotes, invoices, inspection reports, insurance communications, and photos or videos. If you used a contractor, you would include work orders, messages, and progress photos.

You do not use this form if your matter is before a tribunal like a landlord and tenant board. Those proceedings follow their own disclosure rules. If your case is in Small Claims Court, the procedures are simpler and do not use Form 30A.

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

Form 30A is a sworn affidavit. It is legally binding because you swear or affirm it before a commissioner for taking affidavits. You are attesting to the truth of your disclosure and the thoroughness of your search. The court can rely on it. False statements can lead to serious consequences.

The Rules of Civil Procedure require you to disclose all relevant documents in your possession, control, or power. “Possession” means you physically have the document. “Control” means you have a right to get it, even if someone else holds it. “Power” includes a legal right to produce it. You must disclose documents that could help or harm any party’s case. This is a broad and ongoing duty.

Enforceability comes from the court’s case management powers. If you do not disclose properly, the other side can ask the court to order a better affidavit of documents. The court can make you serve a corrected or supplemental affidavit. The court can also order you to produce specific documents or let the other side inspect originals. If you fail to comply, the court can stay your case, strike pleadings, or order costs against you.

Privilege is the main reason you can object to producing a document. Common privileges include solicitor–client privilege, litigation privilege, and settlement privilege. If you claim privilege, you still list the document in Schedule B. You give enough detail to identify it without revealing privileged content. You must also state the privilege you claim. If the other side challenges your claim, a judge can review it.

You have a continuing duty to update your disclosure. If you find new relevant documents, you must serve a supplemental affidavit of documents. If privilege changes or a document becomes available, you update your schedules. Do not wait until trial to disclose something that you found earlier.

You also have a duty to preserve relevant information once you know litigation is likely. That means you must not delete or overwrite potential evidence. Suspend auto-delete settings where possible. Tell anyone who holds your records to preserve them. This includes email providers, cloud storage, and service vendors. Destroying records after litigation is reasonably anticipated can lead to sanctions. The court may draw negative inferences. It may also impose cost penalties.

Accuracy matters. Over-disclosure can be acceptable. Under-disclosure is risky. Your affidavit is signed under oath. Treat it with the same care as testimony in court.

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

Follow these steps. Take your time. Be methodical.

1) Prepare before you draft

• Define the issues in the pleadings. List what topics matter.
• Map your sources. Consider email accounts, phones, computers, external drives, cloud services, messaging apps, calendars, and social media.
• Preserve data. Turn off auto-delete and retention limits where you can.
• Collect documents. Include drafts, attachments, photos, videos, voicemails, notes, and logs.
• Search with sensible terms. Use names, project codes, dates, and keywords.
• Keep a record of your search. Note locations searched, date ranges, and tools used.
• Identify helpers. This may include a spouse, coworker, accountant, or IT support.

2) Complete the heading (style of cause)

• Court file number: Use the number assigned by the court.
• Court: Superior Court of Justice.
• Title of proceeding: Name the parties exactly as in your claim or defence.
• Your role: Identify if you are the plaintiff, defendant, applicant, or respondent.

3) Identify yourself as the deponent

• State your full name and city or town.
• State your role in the action.
• Confirm that you swear the affidavit based on your knowledge, information, and belief.

4) Confirm your search and disclosure

• Include a statement that you have made a diligent search for relevant documents.
• State that you have disclosed all relevant documents in your possession, control, or power.
• Mention that your disclosure is to the full extent of your knowledge, information, and belief.

5) Name the people who helped you

• List anyone who assisted with the search and preparation.
• Include their role (for example, “accountant,” “IT technician,” or “spouse”).
• This helps the other side understand your search effort.

6) Prepare Schedule A (documents you will produce)

• List documents you have and do not object to producing.
• Number each item. Use a simple numbering system (A-1, A-2, etc.).
• For each item give:
• Date (or date range).
• Author and recipient (or “various,” if many).
• Type of document (email, text, letter, photo, invoice, spreadsheet, log).
• Brief description that identifies the document without argument.
• Location or source (e.g., personal Gmail, iPhone, OneDrive).
• Group like documents where practical. For example, “Bank statements, Jan–Dec 2023.”
• Include attachments with their emails, where possible.
• Produce copies of Schedule A documents when you serve the affidavit, if feasible.
• Use a consistent file naming convention. Keep metadata intact when practical.

Examples of Schedule A entries:

• A-1: 2022-06-15, Email, you to project manager, subject: delivery delay, personal Gmail.
• A-2: 2021-01 to 2021-12, Bank statements, TD chequing 1234, PDF from online banking.
• A-3: 2023-03-10, Photos, damage to rear bumper, iPhone camera roll.

7) Prepare Schedule B (documents you object to producing)

• List documents you have but will not produce due to an objection.
• Most objections are privilege-based. State the type of privilege you claim.
• Give enough detail to identify each document without revealing privileged content.
• Number each item (B-1, B-2, etc.).

Examples of Schedule B entries:

• B-1: 2023-04-05, Email, you and your lawyer, legal advice re settlement options, solicitor–client privilege.
• B-2: 2023-06-01 to 2023-06-20, Notes for litigation strategy, created after claim began, litigation privilege.
• B-3: 2022-12-10, “Without prejudice” letter from other party, settlement privilege.

Tips for Schedule B:

• Avoid vague labels like “memo.” Include date, author, and general subject.
• Do not include the actual legal advice content in your description.
• If only parts are privileged, consider redacting and producing the non-privileged parts.

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

• List relevant documents you once had but no longer have.
• Explain what happened to them and where they might be found now.
• Number each item (C-1, C-2, etc.).

Examples of Schedule C entries:

• C-1: 2020-05-01, Employment contract signed copy, handed to employer HR on 2021-03-15, employer holds original.
• C-2: 2021-09-10, Text messages with contractor, lost with old phone, carrier account ended, possible cloud backup with Apple ID.
• C-3: 2022-02-01, Invoice #4578, paper copy destroyed in 2023 flood, duplicate may be with vendor.

9) Attach the schedules to the affidavit

• Ensure Schedules A, B, and C are attached to the form.
• Use clear headings for each schedule.
• Keep page numbering consistent across the affidavit and schedules.

10) Swear or affirm the affidavit

• Do not sign until you are before a commissioner for taking affidavits, a notary, or a lawyer who is a commissioner.
• Bring government-issued ID.
• The commissioner will verify your identity and administer the oath or affirmation.
• Sign the affidavit and initial each page as directed. The commissioner will sign and stamp.

11) Serve the affidavit and produce documents

• Serve the sworn affidavit on every other party to the action.
• Include copies of Schedule A documents, unless the parties agreed on inspection instead.
• Use the service method allowed under the rules or a consented method (often email).
• Keep proof of service and a complete copy of what you sent.

12) Maintain and update

• Preserve all documents listed. Do not alter originals.
• If you find new relevant documents, prepare and serve a supplemental affidavit of documents.
• If privilege status changes, update Schedule B and produce any newly producible records.

13) Handle inspection and originals

• On request, arrange inspection of originals, especially for key documents like contracts or photos.
• If authenticity is disputed, produce native files with metadata, where appropriate.
• Keep a chain of custody for physical evidence.

14) Manage confidentiality and redactions

• If documents contain sensitive personal data, consider targeted redactions.
• Remove Social Insurance Numbers and full account numbers where not needed.
• If broader protection is needed, seek a consent confidentiality agreement or a court order.

15) Avoid common mistakes

• Do not omit text messages or messaging app content. These are often critical.
• Do not forget drafts, calendars, and attachments to emails.
• Do not assume private social media is off-limits. Relevant posts must be disclosed.
• Do not list entire devices as one item. Be specific about document sets.
• Do not over-claim privilege. Be ready to justify each claim if challenged.
• Do not delay. Late disclosure can lead to cost sanctions and scheduling issues.

16) Use practical organization techniques

• Apply simple Bates numbering if producing large sets. This aids reference at discovery.
• Create an index of produced documents by topic or date range.
• Keep a separate working folder for potential trial exhibits.

17) Coordinate with others who hold your records

• If an accountant or consultant holds your records, arrange copies for Schedule A.
• If a third party has relevant documents you can request, do so early.
• If you cannot get a document, list it in Schedule C with details of its current holder.

18) Prepare for challenges

• The other side may ask for a better affidavit if your disclosure looks thin.
• Be ready to explain your search process and sources.
• If a dispute arises about privilege, the court may review the claim.

19) Keep your narrative neutral

• Descriptions in the schedules should identify documents, not argue the case.
• Save argument for pleadings and submissions, not for document lists.

20) Know what not to file

• You usually do not file Form 30A with the court unless a judge needs to see it on a motion.
• You must serve it on the other parties and keep it updated.

Real-world example of a complete entry set

• A-10: 2023-01-15, Email chain, you and supplier, subject: late shipment, Outlook inbox, includes three attachments (purchase order, packing list, photos).
• B-4: 2023-02-01, Letter from your lawyer to you, legal advice on contract termination, solicitor–client privilege.
• C-5: 2022-11-05, Signed delivery receipt, given to courier at pickup, copy likely held by courier service.

Final checks before you swear

• Read every line as if you were on the stand. Fix errors.
• Confirm that names, dates, and descriptions match the documents.
• Confirm that every document in Schedule A is ready to produce.
• Confirm that each Schedule B item lists a clear privilege ground.
• Confirm that each Schedule C item explains where it may be found now.

If you follow these steps, your Form 30A will be complete, clear, and defensible. You will reduce disputes over disclosure. You will also make examinations for discovery more efficient. Most important, you will meet your duty of honest, timely, and thorough disclosure.

Legal Terms You Might Encounter

• An affidavit is a written statement you swear or affirm is true. In Form 30A, your affidavit confirms you searched for and disclosed all relevant documents. You also confirm the three schedules are accurate to the best of your knowledge.
• The deponent is the person who swears or affirms the affidavit. In Form 30A, you are the deponent. You take responsibility for the truth of the schedules and the answers in the form.
• A commissioner for taking affidavits is the official who administers your oath or affirmation. You must sign Form 30A in front of this person. They add their details and signature to confirm they witnessed you swear or affirm.
• Possession, control, or power describes how you relate to a document. Possession means you physically have it. Control means you direct who can use it. Power means you can get it from someone else. In Form 30A, you must disclose documents in all three categories.
• Relevance and materiality help you decide what to list. Relevant documents relate to any issue in the case. Material documents matter to proving or disproving a fact. In Form 30A, you disclose all relevant, material documents, even if they hurt your case.
• Privilege protects certain documents from disclosure. In civil cases, two types matter most. Solicitor‑client privilege protects confidential communications for legal advice. Litigation privilege protects documents made for the case. In Form 30A, you list privileged documents in Schedule B but do not produce them.
• Schedule A lists relevant documents in your possession, control, or power that you will produce. This includes paper and electronic records. You describe each document so it can be identified and requested.
• Schedule B lists relevant documents you will not produce because of privilege. You still provide enough detail to identify each document. You explain the type of privilege and the general nature of the document.
• Schedule C lists relevant documents you no longer have, control, or can obtain. You state what happened to them, such as lost, destroyed, or held by a third party. You provide details so the other side can seek them elsewhere.
• Redaction means you black out parts of a document before producing it. You use redaction to protect privileged content or personal data. If you redact, note the reason so the record remains clear.
• An undertaking is a promise you make, often during discovery. You agree to search for and provide missing documents. If you give undertakings, update your Form 30A or production as needed.
• An exhibit is a document you attach to support an affidavit. You do not attach exhibits to Form 30A itself. Instead, you list documents in the schedules and produce copies separately through discovery.

FAQs

Do you need to list emails and texts?

Yes. Emails, texts, chats, and messages count as documents. If they are relevant and in your possession, control, or power, list them. Organize threads by date and participants. Keep file names clear and consistent.

Do you have to include documents that harm your case?

Yes. You must disclose all relevant, material documents. You include helpful and unhelpful documents. This duty supports a fair process. You protect privileged content through Schedule B.

Do you list privileged documents in Schedule B even if you will not share them?

Yes. You list privileged documents with enough detail to identify them. State the date, author, recipients, type of document, and privilege claimed. Do not reveal the privileged advice or strategy in your description.

Do you need to attach the documents to the affidavit?

No. Form 30A is a disclosure list, not a bundle of exhibits. You produce non‑privileged documents listed in Schedule A through discovery. Follow any agreed production format and timing.

Do you have to include electronic files’ metadata?

If metadata is relevant and reasonably available, include it in your production. You do not list metadata separately in Form 30A. You address it in how you produce electronic records and in your document descriptions.

Do you include documents held by your employer or accountant?

Yes, if you have control or power over them. If you can obtain them on request, treat them as in your power. If not, place them in Schedule C and explain who has them and why you cannot get them.

Do you need to update the affidavit if you find new documents?

Yes. Your disclosure duty continues. If you find new relevant documents, serve a supplementary Form 30A or an updated schedule. Produce any new non‑privileged documents listed in the update.

Do you file Form 30A with the court?

Usually, you serve it on the other parties and keep it. You file it only if a rule, order, or event requires it. Always follow any timetable, practice direction, or case‑specific order.

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

Before signing

• Identify the issues in the case. Confirm what “relevant” covers.
• Collect all paper and electronic records. Include emails, texts, chats, and notes.
• Search all locations you use. Check devices, cloud storage, and backup drives.
• Ask third parties you can direct. Include assistants, bookkeepers, or agents.
• Freeze deletion on devices and accounts. Preserve messages and logs.
• Remove duplicates only when exact. Keep one clean copy with full metadata.
• Separate privileged documents and label them clearly.
• For Schedule A, draft clear document descriptions.
• For Schedule B, draft neutral privilege descriptions.
• For Schedule C, list missing documents and where they might be.
• Confirm any redactions and reasons.
• Decide on production format. Plan file naming and numbering.
• Prepare an index of all documents by schedule.
• Review for completeness and accuracy.

During signing

• Confirm your full name, address, and role in the case.
• Check the court file number and parties’ names.
• Ensure Schedules A, B, and C are attached and complete.
• Verify dates, authors, recipients, and document ranges in each schedule.
• Confirm privilege claims are specific and defensible.
• Confirm Schedule C details on loss, destruction, or third‑party custody.
• Check pagination. Make sure each page is accounted for.
• Remove placeholders or drafting notes.
• Review the jurat (the sworn statement section) for correct location and date.
• Sign only in front of a commissioner for taking affidavits.
• Initial any handwritten changes at the time of commissioning.
• Ensure the commissioner completes their name, title, and signature.

After signing

• Serve the sworn Form 30A and Schedule A documents on all parties as required.
• If your plan is staged production, serve the plan and the first tranche.
• Do not file the affidavit unless a rule or order requires it.
• Keep a clean, signed original and a time‑stamped copy.
• Maintain a production log with what you served and when.
• Store your documents securely with controlled access.
• Set reminders for follow‑up searches and updates.
• Prepare for discovery using your schedules as an outline.
• Track undertakings and answers that need additional documents.
• If you change addresses or contact details, advise other parties promptly.

Common Mistakes to Avoid

• Listing only what helps your case is a serious error. You must disclose all relevant documents. Hiding harmful documents risks sanctions and weakens credibility.
• Using vague descriptions in Schedule B invites disputes. If you claim privilege, describe the document clearly without revealing advice. Poor descriptions can lead to a demand for more detail or a ruling against your claim.
• Ignoring electronic sources leaves gaps. Do not overlook chats, texts, or cloud folders. Failing to search these can breach your disclosure duty and delay your case.
• Producing redacted documents without reasons creates confusion. Always note why you redacted and what privilege applies. Unexplained redactions may trigger motions and extra costs.
• Letting others edit documents after the fact harms integrity. Never change content once litigation starts. Altering or deleting files can bring severe penalties and adverse inferences.

What to Do After Filling Out the Form

1. Serve your affidavit and your Schedule A production on all parties. Follow the agreed or ordered format. Use consistent file names and numbering. Include a cover letter or email that lists what you are producing.
2. Keep your original affidavit and schedules safe. Store them in a secure, indexed folder. Make a backup. Record the date and method of service. Keep proof of service with your records.
3. Prepare for examinations for discovery. Use Schedules A, B, and C as your roadmap. Review the facts each document proves. Note gaps the other side may ask about. Gather any additional records to answer expected questions.
4. Manage undertakings promptly. Track each undertaking in a list with due dates. Assign collection tasks if others must help. When complete, serve the documents and confirm which undertaking they satisfy.
5. Handle new documents through updates. If you discover new relevant documents, update your affidavit or schedules. Serve the update and produce non‑privileged documents. Note changes in your production log.
6. Address disputes early. If the other side challenges your privilege claims or asks for more detail, respond in writing. Clarify descriptions or revise if needed. If a dispute remains, be ready to address it through the proper process.
7. Protect confidential information. If sensitive content is relevant but confidential, consider redaction or a confidentiality agreement. Use consistent redaction markings and a brief note explaining the basis.
8. Coordinate with third parties. For documents in Schedule C, decide if you will try to obtain them. If you can, request them promptly. If you cannot, provide contact details or custodian information to the other side.
9. Maintain good data hygiene. Keep your preservation steps in place. Do not delete accounts or wipe devices. Stop auto‑purge rules that might remove relevant emails or messages.
10. Plan for trial or settlement. Your disclosure will drive evidence and negotiation. Keep your document sets organized. Update witness lists as you review your production. Use your schedules to craft clear timelines and themes.
11. If a timetable or order sets deadlines, track them carefully. Late disclosure can delay your case and raise costs. If you need more time, seek agreement from the other side or the court process that applies.
12. If you realize a mistake in your affidavit, correct it openly. Prepare and serve a supplementary affidavit. Explain what changed. Produce any missing non‑privileged records.
13. Finally, keep communication open. Tell the other parties when you expect further production. Confirm receipt of materials. Clear updates reduce disputes and avoid unnecessary motions.