Form 30A – Affidavit of Documents (Individual) (PEI)

Jurisdiction: Country: Canada | Province/State: Prince Edward Island

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

Form 30A is a sworn affidavit you use in a civil court case to disclose the documents that relate to the issues in dispute. If you are an individual party in a lawsuit in Prince Edward Island, this is the standard form you complete and serve on the other side to show what documents you have, what you object to producing, and what you once had but no longer possess. It is part of the discovery process and helps both sides understand the evidence before trial.

This form is not a narrative. It is a structured list, backed by an oath or affirmation. You confirm you made a careful search for relevant documents. You then organize the results into three schedules. Schedule A lists documents you will produce. Schedule B lists documents you will not produce because they are privileged or protected. Schedule C lists documents you had but cannot now produce because they are no longer in your possession, control, or power.

You typically use this form if you are a plaintiff or a defendant in a civil action in the Supreme Court of Prince Edward Island. If you are suing someone for breach of contract, personal injury, or property damage, you will complete it. If you have been sued, you will complete it. The corporate version exists for companies, but Form 30A is designed for individuals.

You need this form to meet your duty to disclose relevant documents to the other parties. The court expects each side to provide this information early, so examinations for discovery and settlement discussions can focus on the real issues. If you do not provide full and accurate disclosure, you risk court sanctions and trial consequences.

Typical usage scenarios:

• In a motor vehicle claim, you would list medical records, treatment notes, insurance statements, photographs, repair invoices, and emails about the accident.
• In a contract dispute between you and a service provider, you would list the written contract, change orders, text messages about timelines, invoices, payment records, and any letters of complaint.
• In a boundary or property dispute, you would list surveys, deeds, title documents, correspondence with neighbours, and expert reports.
• In an employment case, you would list the employment agreement, performance reviews, emails about duties or discipline, pay statements, and termination correspondence.

The form does not ask you to attach all documents to the affidavit. Instead, you attach the schedules that identify and describe the documents. You then produce copies of the Schedule A documents to the other side. You hold back Schedule B documents on a valid claim of privilege. You explain the fate of Schedule C documents and where they might be found, if known. You sign before a commissioner for oaths or notary, and you serve the sworn form and the Schedule A documents on the other parties.

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

You use Form 30A after the pleadings are closed and before examinations for discovery. Pleadings are the statements of claim, statements of defence, and any replies. Once those are complete, discovery of documents usually begins. The court rules set the timing and may require you to serve your affidavit of documents within a set period or by a date stated in a scheduling order. If the court or the other side serves a demand for disclosure, you must respond within the required time.

As a plaintiff, you serve your Form 30A to show the documents you will rely on to prove your claim and any other relevant materials, even if they hurt your case. In a personal injury action, for example, you would include medical records, pharmacy records, employment and income information, and any surveillance or photos in your possession. You would also include social media posts that are relevant, not everything you have posted.

As a defendant, you use the form to disclose your relevant records and any documents that support your defences. In a construction dispute, you would provide estimates, quotes, change orders, site photos, texts with subcontractors, and payment records. If you have a report from an expert you intend to rely on, you disclose it when appropriate under the rules or scheduling order.

Landlords and tenants in residential disputes usually proceed through a different tribunal process. But when landlord-tenant issues end up in the Supreme Court as a civil action, both sides would use Form 30A for documentary discovery. A landlord might list the lease, inspection reports, notices, payment records, and correspondence. A tenant might list emails, receipts for repairs, photos, and witness statements.

Self‑represented litigants also use this form. If you are representing yourself, you still have the same disclosure duties. The form provides a clear structure so you can organize your documents and make proper claims of privilege where needed.

Insurers and third parties can be part of the picture too. If you have documents that are in the possession of a third party but within your control or power, you still must list them. For example, you may not physically hold your insurer’s file, but if you have the legal right to obtain it, parts of that file may be within your “power” and must be addressed in your affidavit. If you claim privilege over those documents, you list them in Schedule B with the basis for the privilege.

You also use Form 30A when a court order requires renewed or supplemental disclosure. Discovery is ongoing. If new relevant documents turn up later, you serve a supplemental affidavit of documents. If you discover that a prior claim of privilege was too broad, you amend the schedules and produce what should have been produced.

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

Form 30A is a sworn affidavit. That means it is evidence. When you sign it before a commissioner for oaths or a notary, you swear or affirm that its contents are true to the best of your knowledge and belief. If you knowingly omit relevant documents or make false statements, you risk serious consequences. The court can sanction you with costs, strike portions of your pleadings, restrict your ability to call evidence, draw adverse inferences at trial, or, in serious cases, refer the matter for prosecution.

It is legally binding because the duty of documentary discovery arises under the court rules and the court’s inherent jurisdiction to control its process. Your signature on a sworn affidavit confirms you have carried out that duty. The form requires you to certify that you made a diligent search for documents that are relevant to any matter in issue in the action. A “document” includes paper records and electronic information such as emails, texts, word processing files, spreadsheets, photos, chat logs, social media messages, and metadata. It also includes drafts and copies if they differ from the originals.

Enforceability comes from the court’s case management powers and the parties’ rights to seek compliance. If the other side believes your affidavit is incomplete, they can demand further and better affidavit of documents, ask for a list of search terms used for electronic discovery, seek a court order for production, or question you at an examination for discovery about your search. If you claim privilege too broadly, the court can review the claim and order production, sometimes after inspecting the documents privately. If you destroy relevant documents after litigation is contemplated, the court may find spoliation and impose remedies.

Confidentiality is addressed through the implied undertaking of confidentiality in discovery. As a general rule, parties must not use documents obtained through discovery for any purpose outside the lawsuit, unless the court permits it or the document is introduced into the public record. This protects privacy while allowing full disclosure. You should still be careful with sensitive information. If needed, you can seek a protective order that limits access to some materials or sets terms for how they may be used in the case.

Privilege protects certain documents from production. Common categories are solicitor‑client privilege (communications between you and your lawyer for legal advice), litigation privilege (documents created mainly for the litigation), and settlement privilege (without‑prejudice settlement communications). When you claim privilege, you still list the document in Schedule B with enough detail to let the other side understand what it is and why privilege applies, without disclosing the privileged content.

Relevance and proportionality shape your disclosure. You must disclose documents that are relevant to any matter in issue, considering what is reasonable and proportionate to the needs of the case. You do not need to list every scrap of paper in your life. You need to be thoughtful and systematic. The scope depends on the pleadings, the amount at stake, the complexity of the issues, and the burden of searching.

Finally, disclosure is ongoing. If you later find additional relevant documents, you must promptly serve a supplemental affidavit of documents and produce the new Schedule A documents. If you discover errors, you correct them. The court expects you to keep your disclosure up to date through to trial.

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

Follow these steps to complete Form 30A as an individual party. Work methodically. Keep your language clear and factual.

1) Prepare your file and suspend auto‑deletion

As soon as litigation is reasonably contemplated, stop any routine deletion or overwriting of potentially relevant information. Turn off auto‑deletion of emails, texts, and backups if they could contain relevant material. Tell anyone who may hold relevant documents on your behalf to preserve them, such as family members with shared devices, bookkeepers, or medical providers you control records for. Preservation prevents accidental loss and later disputes about spoliation.

Create a list of the issues in the case based on the pleadings. Use that list to guide your search. Keep notes of where you searched and what you found. These notes help you explain your process if asked at discovery.

2) Identify all locations and data sources

List the places where relevant documents may exist. Include:

• Paper files at home and work.
• Email accounts, including webmail folders and archives.
• Mobile devices for texts, photos, and messaging apps.
• Cloud storage such as drives and backup services.
• Social media direct messages and posts, where relevant.
• Financial accounts and portals for statements and invoices.
• Third parties who hold your records that you control or can obtain.

Think about duplicates. If the same email appears in multiple accounts, you still list it once. Different versions of a document count as separate documents if the content differs.

3) Conduct a diligent search

Search systematically. Use names, dates, and keywords tied to the issues in dispute. Pull down complete threads for emails and messages to capture context. Download or export files in a usable format. Avoid altering metadata. Do not write on original documents.

Be even‑handed. You must disclose documents that help you and documents that hurt you. Do not filter based on what you prefer to show.

4) Sort your documents into Schedules A, B, and C

Schedule A is for documents you will produce. These are relevant documents in your possession, control, or power for which you do not claim privilege. You will provide copies with the affidavit or shortly after.

Schedule B is for documents you refuse to produce because they are privileged or protected. Common claims include solicitor‑client privilege, litigation privilege, and settlement privilege. You still describe each document with enough detail to allow the other side to assess your claim without revealing the privileged content. For example, “Email dated March 10, 2024 from [your name] to counsel seeking legal advice regarding contract termination. Solicitor‑client privilege.”

Schedule C is for relevant documents you once had but no longer have. For each, state what happened, the date of loss or transfer, and, if known, who now has it. For example, “Original signed lease dated May 1, 2020, delivered to lender on June 15, 2022 as part of refinancing. Copy retained and produced in Schedule A.”

If a document is partly privileged, consider redaction. You can produce the non‑privileged portions and list the redacted parts in Schedule B. Keep an unredacted version in case the court needs to review it.

5) Describe each document clearly and concisely

In each schedule, give each document a number. Provide a short description, the date, the author and recipients (where applicable), and the type of document. Group similar documents by category where practical, especially for large sets such as monthly statements. For electronic records, note the file type or platform, such as “PDF bank statement” or “Text messages from [name] on [app], May–June 2023.”

For large volumes of documents, you can identify them by category with sufficient detail. For example, “Photographs taken on [date range] at [location], 22 images, produced as JPEG files.” Or “Email thread between [names], subject ‘Project schedule’, dated [range].” Do not use vague labels like “various documents.” Precision prevents disputes.

6) Complete the affidavit heading and deponent details

On the first page, complete the court heading, known as the style of cause. Include:

• The court name and judicial district, if applicable.
• The court file number.
• The parties’ names as they appear on the pleadings, identifying who is the plaintiff and who is the defendant.

Then state your full legal name, address, and occupation in the deponent section. Confirm that you are a party to the action. If you are swearing on your own behalf, say so. If you have a litigation guardian, note that relationship.

The body of the affidavit contains standard statements. You confirm that you have conducted a diligent search for relevant documents. You state that Schedule A lists the documents you will produce, Schedule B lists the documents you object to producing with the grounds for objection, and Schedule C lists the documents you no longer have.

7) Attach the Schedules

Prepare three schedules and attach them to the affidavit:

• Schedule A: Documents in your possession, control, or power that you do not object to producing. Provide copies. If something cannot be conveniently copied, state that it is available for inspection and propose how and where inspection can occur.

• Schedule B: Documents in your possession, control, or power over which you claim privilege, with the basis of the claim. Use descriptions that allow assessment without revealing privileged content. Identify the type of privilege claimed for each item.

• Schedule C: Documents formerly in your possession, control, or power. Describe what happened to each document, when, and, if known, who has it now.

Number documents consecutively across the schedules or restart numbering for each schedule. Stay consistent and use the same identifiers when you produce copies.

8) Review for accuracy, consistency, and privilege

Cross‑check your schedules against your document set. Confirm every Schedule A item has a corresponding copy ready to produce. Confirm every Schedule B item truly meets the privilege claimed. Remove duplicates unless they are materially different. Ensure dates, names, and descriptions are accurate.

Ask yourself whether you missed any likely sources. Reread the pleadings and see if each issue has corresponding documents. If you locate new items during review, add them and adjust numbering as needed.

9) Swear or affirm the affidavit

Do not sign the affidavit until you are in front of a commissioner for oaths or a notary. Bring identification. The commissioner will verify your identity, ask you to swear or affirm the truth of the contents, and watch you sign. They will complete the jurat, which states the place and date of commissioning and bears their signature and stamp.

If you prefer not to swear an oath, you may affirm. Both are equally valid. Ensure the name, date, and location in the jurat are correct.

10) Produce Schedule A documents

Serve copies of all Schedule A documents on the other parties. Use a clear production package. Include an index that matches the Schedule A numbering. For electronic documents, produce them in a reasonably usable format. Avoid sending screenshots if you can export the original files. Do not strip metadata unless there is a valid reason and you disclose what you have done.

If any documents are too large or impractical to copy, offer inspection at a reasonable time and place. Confirm the arrangements in writing. If a protective order is necessary, discuss terms with the other side and seek the court’s direction if you cannot agree.

11) Serve the affidavit and keep proof

Serve the sworn Form 30A with the attached schedules on every other party. Check any scheduling order or direction for deadlines and method of service. Keep proof of service. Retain your original affidavit and a complete set of what you produced.

If service raises privacy concerns, consider redactions limited to sensitive personal information that is not relevant, and note the redaction in your index. If a dispute arises, the court can resolve it.

12) Update as needed and prepare for discovery

Your duty to disclose continues. If you later discover additional relevant documents, serve a supplemental affidavit of documents and produce the new materials. If privilege over a document changes because of later events, revise your schedules.

Be prepared to answer questions at your examination for discovery about your search and the contents of your schedules. Bring your production index. Know where the originals are. If you relied on search terms or technical methods, be ready to explain at a high level what you did.

Practical examples to guide your entries

• Personal injury: Schedule A might include ambulance call report, hospital records, physiotherapy notes, prescription receipts, employment records showing lost time, photos of injuries, and messages discussing the accident. Schedule B could list emails with your lawyer about litigation strategy and doctor reports prepared for your lawyer after the claim. Schedule C might list an old phone that contained accident‑day photos, lost on a specific date.
• Contract dispute: Schedule A might include the signed contract, drafts that show changes, purchase orders, delivery receipts, and payment records. Schedule B could include internal notes made for legal advice. Schedule C might include a server log that was overwritten before you suspected litigation, described with dates and systems involved.
• Property dispute: Schedule A might include land surveys, title searches, correspondence with neighbours, and estimates for fence relocation. Schedule B could list legal opinions on boundary rights. Schedule C might include original survey stakes removed during utility work, with the date and who did the work if known.

Common pitfalls to avoid

• Do not omit harmful documents.
• Full disclosure is mandatory.
• Do not claim privilege without a proper basis.
• Bare assertions invite challenges.
• Do not give vague descriptions. The other side needs enough detail to understand your list.
• Do not forget electronic records. Texts, chat logs, and social media are common sources.
• Do not delay. Late disclosure can derail schedules and attract cost consequences.

Final checks before you sign

Read the affidavit out loud to catch mistakes. Confirm the schedules are attached in the correct order. Ensure your name and address are correct. Verify the court file number and style of cause. Make sure the dates in your descriptions are consistent with the pleadings. Once commissioned, do not alter the affidavit. Any change requires a new or supplemental affidavit.

By taking these steps, you will produce a complete, accurate Form 30A that meets your disclosure obligations, supports efficient discovery, and protects privileged communications.

Legal Terms You Might Encounter

• Affidavit means a written statement you swear or affirm is true. In this form, you swear the list of documents is complete and accurate to the best of your knowledge. Your signature confirms you understand the legal duty to tell the truth.
• Deponent is the person who swears or affirms the affidavit. For this form, you are the deponent. You take responsibility for the accuracy of the document lists and any statements you include.
• Commissioner is a person authorized to take your oath or affirmation. You must sign this form in front of a commissioner or notary. The commissioner verifies your identity and that you swore or affirmed the contents.
• Possession means documents you physically hold or have immediate access to. In this form, you list all relevant documents in your possession. This includes paper files, emails on your devices, and cloud files you can access.
• Control means the present legal right to obtain a document from someone else. You may not have the document in hand, but you can demand it. In this form, you list documents you control, such as records held by your accountant under your engagement.
• Power means the practical ability to get a document, even without a strict legal right. For example, you can ask your contractor or family member to provide records they hold for you. In this form, you must disclose documents within your power.
• Relevance means a document relates to issues in the lawsuit. It may support your case or the other side’s case. In this form, you include all relevant documents, not just helpful ones. Relevance guides what goes on each schedule.
• Privilege protects certain documents from disclosure. Common types include solicitor‑client communications and documents prepared for litigation. In this form, you list privileged documents in a separate schedule. You identify them without revealing the protected content.
• Redaction means removing sensitive, irrelevant, or privileged parts of a document. You may produce a redacted copy if only part is protected. In this form, note when a document is produced with redactions and explain the basis briefly.
• Schedule refers to the sections of the form that categorize documents. You use one schedule for documents you will produce. You use another for privileged documents. You use a third for documents you had but no longer have. The schedules organize your disclosure clearly.
• Exhibit is a document attached to an affidavit for reference. With this form, you do not usually exhibit every document. Instead, you list them in the schedules. If you do attach an exhibit, label it clearly and refer to it in the affidavit text.
• Production means giving copies of non‑privileged documents to the other party. After serving this form, you must produce documents listed for production. You must also allow inspection of originals when asked, within reasonable timelines.
• Spoliation means destroying or altering evidence. Courts treat this seriously. In this form, you must be honest about lost documents. You also must take steps to preserve all potential records once litigation is likely.
• Without prejudice communications are settlement discussions aimed at resolving the case. These are often privileged. In this form, you identify such documents on the privileged schedule, without revealing the actual settlement content.

FAQs

Do you need to include emails, texts, and messages from your phone?

Yes, if they relate to the issues in the case. List emails, texts, chat messages, and direct messages you can access. Include group chats and messages in apps. Note where they are stored. You can later produce them in a reasonable format, such as PDF or screenshots. Keep the original data intact.

Do you have to list documents that hurt your case?

Yes. You must disclose all relevant documents, helpful or not. The form requires a complete and honest list. Concealing unfavourable documents can damage your credibility. It can also trigger court penalties.

Do you list documents you no longer have?

Yes. Use the schedule for documents once in your possession, control, or power. Describe each document and when you had it. Explain why you no longer have it. Include any details that may help locate a copy.

Do you include privileged documents?

Yes, but on the privileged schedule. Identify each document by date, author, recipient, and general subject. State the privilege claimed, such as solicitor‑client or litigation privilege. Do not reveal the confidential content. Keep descriptions specific enough to assess your claim.

Do you need to swear this form in front of a commissioner?

Yes. You must swear or affirm the affidavit before a commissioner or notary. Bring government identification. Sign only after the commissioner administers the oath or affirmation. The commissioner will complete their section and stamp or seal the form.

Do you serve the form before producing documents?

Usually yes. Serve the completed form first, then produce non‑privileged documents upon request or as agreed. You can also offer production at the same time. Keep a record of what you send and when. Preserve original documents for inspection.

Do you have to gather documents from third parties?

If the documents are in your control or power, yes. Ask your accountant, broker, contractor, or family member for records they hold for you. If the documents are truly outside your control or power, list them with an explanation. The other side may seek them directly if needed.

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

Yes. Your disclosure duty continues. If new relevant documents surface, supplement your list promptly. Serve an updated schedule or a brief supplemental affidavit. Produce the new documents unless privileged.

Do you need to include social media posts and metadata?

If relevant, yes. Posts, comments, images, and messages may be relevant. Preserve originals. Produce in a readable format. You do not need to produce metadata unless it is specifically relevant or requested. Be ready to discuss formats if issues arise.

Do you need translations for documents in another language?

Provide a translation if needed for understanding. Keep the original document. Identify who prepared the translation and when. If accuracy could be challenged, consider a certified translation. Note both versions in your list.

Do you list duplicates?

List duplicates if they have different notes or versions. Exact duplicates can be grouped. Note the locations to avoid confusion. Keep one clean copy ready for production and one with your own notes withheld if privileged.

Do you list records held in cloud accounts?

Yes. If you can access them, they are in your possession or control. List the platform and folder path where possible. Download and preserve a copy. Secure the account and avoid deleting or altering files.

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

Before signing:

• Identify the issues in the lawsuit. Focus your search.
• Map where documents live: devices, email, cloud, paper files.
• Image your phone if needed. Preserve messages and attachments.
• Export emails by date range and subject. Avoid altering metadata.
• Gather contracts, letters, invoices, statements, and receipts.
• Collect photos, videos, audio recordings, and logs.
• Pull calendars and diaries covering the relevant period.
• List social media posts, messages, and account handles.
• Contact advisors who hold your records. Request copies.
• Note documents you once had but no longer possess.
• Separate legal advice communications for privilege review.
• Create a simple index: date, author, recipient, description, location.
• Decide production formats. Plan for PDFs or native files as needed.
• Secure a commissioner appointment. Bring identification.
• Prepare brief privilege descriptions. Keep them specific.

During signing:

• Confirm your name and contact details are correct.
• Check the case style and court file number for accuracy.
• Review each schedule for completeness and clarity.
• Verify dates, authors, recipients, and document descriptions.
• Ensure privileged documents are on the correct schedule.
• Confirm reasons for missing or lost documents are stated.
• Make sure you have not included confidential content in descriptions.
• Remove casual comments or opinions from the affidavit text.
• Confirm page numbers and exhibit labels, if any, are correct.
• Read the jurat section carefully before you swear or affirm.
• Sign only in front of the commissioner or notary.
• Initial any handwritten changes made at the appointment.

After signing:

• Make a clean PDF and a working copy for your files.
• Serve the form on the other party promptly.
• Track service date and method in your matter log.
• Produce non‑privileged documents when requested or as agreed.
• Keep originals secure and organized by schedule and topic.
• Update your list if new documents emerge.
• Calendar any inspection dates and production deadlines.
• Preserve all sources until the case ends.
• Store privileged materials separately and clearly marked.
• Log every production sent: date, format, and recipient.

Common Mistakes to Avoid Form 30A – Affidavit of Documents (Individual) (PEI)

• Don’t forget to search all locations. Missing emails, phone messages, or cloud files can undermine your credibility. The court may question your efforts and order further searches.
• Don’t label everything as privileged. Over‑claiming privilege invites challenges. You may face orders to re‑do your list and pay costs. Keep privilege claims precise and defensible.
• Don’t alter or “clean up” documents. Editing or deleting content risks serious penalties. Courts can infer adverse findings or award costs. Always preserve originals and produce true copies.
• Don’t provide vague descriptions. Entries like “various emails” are not helpful. Vague lists trigger disputes and delays. Use dates, authors, recipients, and clear subjects.
• Don’t ignore documents you no longer have. You must disclose their existence. If you fail to do so, you risk credibility damage and production orders. Explain when and how they were lost.

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

1. Serve the form on the other party. Use a reliable service method that creates a record. Note the date of service and keep proof.
2. Plan production. Prepare non‑privileged documents in the agreed or reasonable format. Use consistent file names and include an index. Redact only what is privileged or irrelevant.
3. Offer inspection of originals when asked. Arrange a time and place. Bring organized binders or digital folders. Keep a sign‑out log for any originals handled by others.
4. Protect privileged materials. Store them separately, with clear labels. Keep a privilege log that matches your schedule. Be ready to explain each claim without revealing content.
5. Handle new documents quickly. If you find new relevant items, notify the other party. Serve a supplemental list and produce the documents unless privileged. Update your index.
6. Manage third‑party records. If you control or can obtain them, request them promptly. If not, identify them clearly so the other side can seek them directly. Keep correspondence that shows your efforts.
7. Track undertakings and agreements from meetings or questioning. Record what you promised to produce and by when. Calendar each deadline. Send the materials on time and confirm receipt.
8. Maintain a master disclosure file. Include your affidavit, indexes, production logs, and correspondence. Store originals and working copies separately. Keep version control for updates.
9. Prepare for examinations or mediation. Use your schedules to organize themes. Review key documents and timelines. Confirm privilege boundaries before sharing draft materials.
10. Secure your devices and accounts. Disable auto‑deletion on email and messaging apps. Back up relevant data. Avoid new edits to documents you may need to produce.
11. Plan for closing the loop. When the case ends, confirm retention periods. Store or dispose of records safely and lawfully. Keep proof of any destruction steps taken.
12. If corrections are needed, address them transparently. If you spot an error, serve an amended or supplemental affidavit. Note what changed and why. Replace only the affected parts.
13. Stay responsive. Acknowledge requests, even if you need time to gather items. Propose realistic timelines. Document agreements in writing.