Form 30B – Affidavit of Documents (Corporation or Partnership) (PEI)

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

What is a Form 30B – Affidavit of Documents (Corporation or Partnership) (PEI)?

Form 30B is a sworn affidavit that lists a corporation’s or partnership’s documents relevant to a civil lawsuit in Prince Edward Island. It is part of the discovery process. You use it to identify what documents exist, where they are, and which you claim as privileged. It is sworn by a person who speaks for the business and has direct knowledge of its records.

This form is different from the version used by individuals. Corporations and partnerships must have an authorized representative swear the affidavit. That person confirms they have made a careful search for records and have disclosed everything required.

Who typically uses this form?

Corporate plaintiffs and defendants in the Supreme Court of Prince Edward Island use it. Partnerships in civil actions also use it. You might be a business owner, general counsel, claims manager, or the external lawyer preparing it for your client to swear.

You need this form because the court requires full documentary disclosure. The court expects each party to identify all relevant records in its possession, control, or power. “Documents” includes more than paper. It covers emails, text messages, databases, accounting files, CAD drawings, ESI on servers, cloud storage, and backups. If you control the document or can get it on demand, you must list it.

Typical usage scenarios include:

• A construction contract dispute where the contractor is a corporation. You list bids, contracts, change orders, schedules, emails, and site logs.
• An employment lawsuit where the employer is a company. You list the employee’s file, policies, emails, and payroll records.
• A partnership dispute. You list partnership agreements, financial statements, minutes, and correspondence among partners.
• A commercial sale of goods claim. You list the purchase orders, invoices, delivery records, quality reports, and warranty claims.

The form organizes documents into three schedules:

• Schedule A: Relevant documents you have and will produce.
• Schedule B: Relevant documents you had but no longer have, with an explanation.
• Schedule C: Relevant documents you have but refuse to produce due to privilege, with the grounds.

You serve the affidavit on every other party. You typically do not file it with the court unless needed for a motion. You must update it if you later find new relevant records.

When Would You Use a Form 30B – Affidavit of Documents (Corporation or Partnership) (PEI)?

You use Form 30B after pleadings close and the case moves into discovery. A timetable, court order, or the Rules set the deadline. You also use it before examinations for discovery so everyone knows the document landscape. The other side relies on your affidavit to prepare their questions and requests.

If the court places your matter under case management, the schedule will set a firm date. In complex cases, the parties often agree on phased disclosure. You might serve an initial affidavit focused on key issues and a later supplemental one. In simpler disputes, one affidavit may be enough.

You will also use Form 30B when you discover new records after serving your first affidavit. This happens often with electronic data. You may find archived emails, backup tapes, or a shared drive that was overlooked. You then serve a supplementary affidavit to keep your disclosure complete.

You use the form in motions too. If you bring or defend a motion on discovery, costs, or summary judgment, the affidavit may be filed as evidence. The court can assess your disclosure and privilege claims.

Typical users include:

• Corporate plaintiffs and defendants in commercial, construction, property, or tort claims.
• Partnerships in internal disputes, dissolution, or contract cases.
• Insurers acting through an insured corporate defendant.
• Public bodies that are incorporated and are parties to civil proceedings.

You do not usually use this form in small claims procedures, which have simplified rules. In superior court civil actions, it is standard. If you are unsure which court process applies, check your case type and the applicable rules.

Legal Characteristics of the Form 30B – Affidavit of Documents (Corporation or Partnership) (PEI)

This affidavit is sworn evidence. It is legally binding because it is made under oath or affirmation before a commissioner. The deponent confirms a diligent search and full disclosure. If the affidavit is false or incomplete, the court can impose serious consequences.

Enforceability rests on three pillars:

• Court rules require full disclosure of relevant, non-privileged documents within a party’s possession, control, or power. A corporation or partnership must comply through an authorized representative.
• The affidavit format compels specificity. You categorize and describe documents in Schedules A, B, and C. You give enough detail for the other side to assess completeness and privilege claims without revealing privileged content.
• The court can enforce disclosure through orders. The court may order further and better affidavits, production, costs, or sanctions if your affidavit is deficient. In severe cases, it can strike pleadings or bar evidence.

The affidavit also supports fairness at trial. You generally cannot rely on a document at trial if you did not disclose it, unless the court allows it. Listing a privileged record in Schedule C preserves your right to withhold its contents. You must describe it enough to show the privilege applies without disclosing the substance.

Common privilege grounds include:

• Solicitor-client privilege for confidential lawyer-client communications.
• Litigation privilege for documents created mainly for the lawsuit.
• Without prejudice privilege for genuine settlement communications.
• Work product for lawyer’s mental impressions and strategy.

Privilege does not protect underlying facts. If a fact exists in a non-privileged source, you must produce that source. For example, an email from your engineer to your lawyer with a project schedule may be privileged, but the schedule created in the ordinary course may not be.

Corporations and partnerships have a continuing duty to disclose. If you find new relevant documents later, you must serve a supplementary affidavit. You must also preserve records once litigation is anticipated or started. A failure to preserve can trigger adverse inferences and costs.

For corporations, the right person must swear. The deponent should be an officer, director, or employee with real knowledge of the records and systems. For partnerships, a general partner or managing partner usually swears. The deponent should confirm authorization to speak for the entity. If needed, obtain a board or partner resolution.

How to Fill Out a Form 30B – Affidavit of Documents (Corporation or Partnership) (PEI)

Follow these steps. Keep your process organized and well documented.

1) Confirm you need the corporate/partnership version

Use Form 30B if the party is a corporation or partnership. If the party is an individual, use the individual version instead. If you represent both a company and an individual officer, each party needs its own affidavit.

2) Choose the right deponent

Pick someone who:

• Understands the business records and systems.

• Can coordinate a thorough search across departments.

• Holds authority to swear on behalf of the entity.

Typical choices include the corporate secretary, controller, operations manager, IT lead, or general counsel. For a partnership, consider the managing partner. If no single person has full knowledge, the deponent can rely on others’ information. Document the inquiries made.

If authorization is not obvious from the role, obtain a written authorization. Keep it in your file in case of challenge.

3) Lock down preservation

Issue a litigation hold. Tell custodians to stop deleting relevant data. Include email, shared drives, local devices, mobile phones, cloud apps, and backups. Suspend auto-deletion policies where needed. Note the date and scope of the hold in your file.

4) Scope and plan your search

Define the issues using the pleadings. Focus on relevance and proportionality. Identify custodians with likely relevant data. Map systems and locations:

• Email servers and cloud mailboxes.
• Shared drives and collaboration tools.
• Document management systems.
• Accounting and ERP databases.
• Mobile devices and messaging apps.
• Paper archives and offsite storage.
• Backups or archives that are reasonably accessible.

Agree on reasonable search terms and date ranges. Confirm format for production (PDF, native files, spreadsheets native, etc.) with the other side when practical.

5) Collect, review, and categorize

Collect data defensibly. Keep a chain-of-custody log. Avoid altering metadata. De-duplicate across custodians if possible.

Review the documents for relevance. Tag privileged material. Separate:

• Relevant and not privileged (Schedule A).
• Relevant but no longer in your possession or control (Schedule B).
• Relevant and privileged (Schedule C).

Exclude truly irrelevant or disproportionate records. If you withhold for burden, be ready to explain and propose a narrower, reasonable scope.

6) Complete the heading (style of cause)

At the top of the form, fill in:

• Court: Supreme Court of Prince Edward Island.
• Court file number.
• Style of cause: Names of the parties exactly as on the pleadings.
• Title: Form 30B – Affidavit of Documents (Corporation or Partnership).

7) Identify the deponent and the entity

In the body, state:

• Your full name and role (e.g., “I, Jane Doe, Corporate Secretary of ABC Ltd.”).
• That you are authorized to swear this affidavit for the corporation or partnership.
• That your knowledge is based on your own knowledge and on information from identified persons, which you believe to be true.
• That you made a diligent search for relevant records in the possession, control, or power of the entity.

Briefly describe the scope of your inquiry. Name the departments or custodians consulted and the systems searched. This helps show diligence and avoid challenges.

8) Describe the discovery categories and schedules

The form will guide you to attach three schedules:

• Schedule A: Documents you have and will produce for inspection.
• Schedule B: Documents you had but no longer have.
• Schedule C: Documents you have but claim privilege over.

Your descriptions should be clear and specific but not reveal privileged content.

For each schedule entry, include:

• Document number.
• Date.
• Author and recipients (with organizations).
• Type of document (e.g., email, letter, invoice, spreadsheet).
• Brief description (e.g., “Change Order No. 4 re HVAC scope and price”).
• Location or custodian.
• Bates range or file path if assigned.

For emails, identify the main thread rather than every fragment, if reasonable. For large datasets, group by logical categories (e.g., “Monthly AR aging reports, Jan–Dec 2023”).

9) Draft Schedule A (to be produced)

List all non-privileged relevant documents in your possession, control, or power. Include electronic and paper records. If you plan to produce in batches, note the expected timing or phase.

If a document contains both relevant and irrelevant content, consider reasonable redactions. Document the basis for redactions and be ready to explain them.

Indicate the production format. For spreadsheets and databases, produce native files unless you have agreed otherwise. Preserve formulas and metadata when relevant.

10) Draft Schedule B (no longer in possession, control, or power)

List relevant documents you once had but now lack. For each entry, add:

• What happened (e.g., “Disposed under routine retention policy in 2019,” “Transferred to lender in receivership,” “Lost in flood”).
• When it happened and who was responsible.
• Last known location and custodian.
• Whether you can obtain a copy from another source.

If the other side likely has it, say so. If a third party has it, identify the party if you can. This allows the other side to seek it by summons or request.

11) Draft Schedule C (privileged)

List relevant documents you withhold based on privilege. Do not reveal the substance. Provide enough detail to assess the claim:

• Date.
• Author and recipients with roles (e.g., “in-house counsel,” “external counsel,” “project manager”).
• Type of document.
• General subject (e.g., “legal advice re contract interpretation,” “draft witness statement”).
• Privilege claimed (solicitor-client, litigation privilege, without prejudice, work product).
• Brief basis (e.g., “request for legal advice on dispute after claim filed”).

Avoid vague entries like “memo—privileged.” If privilege is challenged, the court may require a more detailed log or an in camera review. Keep a separate, more detailed internal log to support your claim if needed.

12) Include the standard statements

The form will contain standard paragraphs. Ensure they are complete and accurate:

• Confirmation that you have disclosed, to the full extent of the entity’s knowledge, information, and belief, all relevant documents.
• Statement that documents in Schedule A are in the entity’s possession, control, or power and will be produced for inspection, except as noted.
• Statement that documents in Schedule B are no longer in the entity’s possession, control, or power, with reasons.
• Statement that documents in Schedule C are in the entity’s possession, control, or power but are privileged.

You can add a short paragraph describing the search effort. Note custodians, date ranges, and systems searched. This is helpful in complex matters.

13) Sign and commission the affidavit

Arrange for the deponent to swear or affirm the affidavit before a person authorized to take affidavits in PEI. This can be a commissioner for oaths, notary public, or lawyer with the proper commission.

Complete:

• Place and date of swearing.
• Signature of the deponent.
• Signature, name, and capacity of the commissioner.

Ensure each schedule is attached and initialed by the deponent and the commissioner. Check every page for initials if the practice requires it. Keep an original and a scanned copy for your records.

14) Serve the affidavit and produce documents

Serve the sworn affidavit on all other parties by the deadline. Produce the Schedule A documents at the same time or as agreed. If you will produce in stages, give a clear timeline.

Agree on:

• Format (native vs. PDF/TIFF), load files, and metadata fields if using e-discovery.
• Bates numbering or another tracking system.
• Method of delivery (secure link, portal, or physical media).
• Any clawback agreement for inadvertent production of privileged material.

Do not file the affidavit with the court unless needed for a motion or directed by the court.

15) Prepare for examinations for discovery

Bring a copy of the affidavit and the produced documents to discovery. The deponent in discovery may differ from the affidavit deponent. Ensure the discovery witness understands the scope of disclosure and the records.

If new documents are identified during discovery, produce them promptly. If they alter the completeness of your affidavit, serve a supplementary affidavit.

16) Maintain and update

Your disclosure obligation continues. If you later locate relevant records, serve a supplemental Form 30B with updated schedules. Note the new entries clearly. Produce the new Schedule A documents.

If you withdraw a privilege claim, notify the other parties and produce the document. If you add a privilege claim after production, request clawback promptly and follow the agreed clawback process.

17) Common mistakes to avoid

• Choosing a deponent without real knowledge of the records.
• Failing to preserve data early, leading to loss of emails or messages.
• Omitting electronic sources like messaging apps, shared drives, or cloud tools.
• Over-claiming privilege with vague entries that invite challenge.
• Giving incomplete descriptions that mask relevance.
• Forgetting that control includes records held by affiliates, agents, or third-party vendors when you have a right to obtain them.
• Not updating the affidavit when new records appear.
• Producing spreadsheets only as PDFs when formulas matter.

18) Practical examples

• Example 1: Construction dispute. You are a corporate general contractor. Your Schedule A lists the prime contract, subcontracts, RFIs, change orders, daily site reports, schedules, as-built drawings, and progress payment applications. Your Schedule C lists emails between the project manager and external counsel created after the dispute arose, marked “requesting legal advice on delay claim.”
• Example 2: Employment claim. You are a company defendant. Your Schedule A includes the employee’s personnel file, performance reviews, timesheets, payroll registers, relevant policy manuals, and emails between the manager and HR about performance before termination. Your Schedule C logs emails seeking advice from in-house counsel after demand letters. Your Schedule B explains that CCTV footage auto-deleted before the litigation hold due to a 30-day retention policy.
• Example 3: Partnership dispute. You are a limited partnership. Your deponent is the managing partner of the general partner. Schedule A includes the limited partnership agreement, amendments, capital account statements, minutes, financial statements, and partner correspondence. Schedule C lists draft dissolution terms exchanged on a without prejudice basis.

19) Quality control and readiness checklist

Before commissioning:

• Have you identified all likely custodians and systems?
• Have you run a reasonable search within proportionate limits?
• Are Schedules A, B, and C complete and specific?
• Are privilege claims supportable and described properly?
• Are you producing in a usable format?
• Have you documented your process in case of challenge?
• Is the deponent comfortable with the content and ready to swear?

If you can answer yes to each, you are ready to swear, serve, and produce.

Legal Terms You Might Encounter

• Affidavit. An affidavit is a written statement you swear or affirm is true. With Form 30B, you confirm the corporation’s or partnership’s document list is complete and accurate. You also confirm any privilege claims and explain missing documents. The affidavit gives the court and the other side confidence in your disclosure.
• Deponent. The deponent is the person who signs the affidavit. For Form 30B, the deponent must be someone who speaks for the corporation or partnership and knows its records. This is often a director, officer, partner, or senior employee. The deponent accepts responsibility for the truth of the disclosure.
• Possession, control, or power. You must list documents the business has, controls, or could get. Possession means the document is physically or electronically with you. Control means you have a legal right to decide who sees it. Power means you can get it on request, even if someone else holds it. Form 30B covers all three, not just what sits on your servers.
• Relevant document. A relevant document helps prove or disprove any claim or defence. It can be helpful or harmful to your case; you must list both. On Form 30B, “relevant” drives what appears in each schedule. If you wonder whether to include it, the safe rule is to list it and explain your position.
• Privilege. Privilege lets you withhold certain documents from production. Common types are solicitor‑client privilege and litigation privilege. On Form 30B, you still list privileged items, but you place them in Schedule B and state the privilege claimed. You do not disclose the privileged content.
• Schedules A, B, and C. These are the three lists attached to the affidavit. Schedule A lists documents you will produce. Schedule B lists documents you will not produce because of privilege. Schedule C lists relevant documents you no longer have. Form 30B uses these schedules to organize your disclosure cleanly.
• Commissioner for oaths or notary. A commissioner or notary is authorized to take your oath or affirmation. They verify your identity and witness your signature on Form 30B. The affidavit is not valid without this step. Their name and office must appear on the form.
• Undertaking. An undertaking is a promise to do something later, such as produce a document you are still trying to locate. If you give an undertaking during discovery, you must follow through. On Form 30B, you may note items still being retrieved and update the affidavit once found.
• Corporate representative. This is the person who signs on behalf of the business. They confirm they have authority to do so and understand the company’s records. On Form 30B, choosing the right representative improves accuracy and credibility.
• Electronic documents and metadata. Emails, spreadsheets, databases, text messages, and system logs are documents. Metadata is data about a file, such as date created or author. For Form 30B, treat electronic records like paper. Describe them clearly and preserve them without altering metadata.

FAQs

Do you have to list documents that hurt your case?

Yes. You must disclose all relevant documents, whether helpful or unhelpful. The duty is about completeness, not strategy. Hiding negative documents risks penalties, credibility damage, and orders to re‑do disclosure. It also delays your case and increases costs.

Do you need to attach the documents to Form 30B?

Usually you do not attach the documents to the affidavit. You list them in the schedules. You then produce copies or allow inspection using an agreed method. Keep the originals safe. Follow any directions you receive about how and when to produce.

Do you list privileged documents?

Yes. You list privileged documents in Schedule B with enough detail to identify them and state the privilege claimed. You do not disclose their content. Use clear, neutral descriptions that do not reveal advice or strategy, like “Email dated [date] from [lawyer] to [client] re legal advice.”

Do you include emails, texts, and chat messages?

Yes. Electronic communications are documents. Search email accounts, messaging platforms, and mobile devices used for business. Capture both content and attachments. Note where the data sits and how it will be produced. Preserve devices to avoid altering metadata.

Do you need a corporate seal or board resolution to sign?

A seal is not commonly required. The key is authority and knowledge. The deponent should be a director, officer, partner, or senior employee who can speak to the records. If your internal policy requires a resolution or approval, complete that before swearing the affidavit.

Do you serve Form 30B on every party or file it with the court?

You serve it on the other parties. Filing with the court is not routine unless directed. Check any scheduling order you have. Keep proof of service. If the court later asks for it, file a copy exactly as served.

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

Yes. If you discover new relevant documents or your privilege claims change, deliver a supplementary affidavit of documents. Do this promptly. Update your schedules and produce any new non‑privileged items. Keep a clear record of what changed and why.

Do you have to list documents held by third‑party service providers?

Yes, if your business controls or can access them. This includes cloud storage, payroll vendors, and outsourced IT. Ask vendors for exports in a usable format. Include those records in your schedules. Note the source and the date range covered.

Checklist: Before, During, and After the Form 30B – Affidavit of Documents (Corporation or Partnership) (PEI)

Before signing

• Identify the deponent. Choose someone with authority and detailed knowledge.
• Confirm authority. Obtain internal approval or resolution if your policy requires it.
• Issue a litigation hold. Suspend auto‑deletion on email, chat, and document systems.
• Map data sources. List servers, cloud apps, laptops, phones, backups, and paper files.
• Define date ranges and custodians. Name the people and periods to search.
• Run searches. Use targeted keywords and pull complete threads and attachments.
• Collect documents. Export in stable formats. Keep originals unchanged.
• Review for relevance. Exclude truly irrelevant personal or duplicate materials.
• Review for privilege. Flag legal advice and litigation work product.
• Organize by schedule. A: to produce; B: privileged; C: no longer in possession.
• Draft clear descriptions. Include date, author, recipient, type, and short subject.
• Number items. Use a consistent numbering system (e.g., A‑1, B‑1).
• Prepare a production plan. Decide format, delivery method, and timing.
• Verify gaps. For missing items, note searches made and reasons they are gone.
• Gather identification. Bring valid ID for the deponent for commissioning.

During signing

• Check the caption. Confirm court file number, style of cause, and party names.
• Confirm the deponent’s role. State title and authority to sign for the business.
• Review each schedule. Ensure items appear in the correct list.
• Test descriptions. Make sure they identify documents without revealing strategy.
• Verify privilege claims. State the type of privilege for each B‑item.
• Confirm Schedule C notes. Explain how and when items were lost or disposed.
• Ensure numbering is consistent. Cross‑check against your index and production set.
• Insert dates and locations. No blanks; no handwritten corrections after swearing.
• Meet with a commissioner or notary. Present ID and sign in their presence.
• Initial all pages and schedules if required by the commissioner’s practice.
• Obtain the commissioner’s full details. Name, office, and expiry if applicable.
• Take copies. Get a certified or stamped copy if needed for your records.

After signing

• Serve the affidavit. Deliver it to all parties using a permitted method.
• Produce Schedule A documents. Send copies or arrange inspection as planned.
• Protect Schedule B. Do not produce privileged documents. Keep them separate.
• Track undertakings. Record any promises to produce later and set deadlines.
• Monitor vendor requests. Contact third‑party providers to retrieve controlled data.
• Preserve originals. Store source files and paper records securely and unchanged.
• Log service. Keep proof of delivery and a service list with dates and methods.
• Update when needed. Issue a supplementary affidavit if new items are found.
• Coordinate with witnesses and experts. Provide produced materials as appropriate.
• Review court directions. Calendar any disclosure milestones and conferences.

Common Mistakes to Avoid

• Don’t forget to search all data sources. Missing cloud apps, backups, or phones leads to incomplete disclosure. Consequence: orders to redo searches, cost penalties, and credibility damage.
• Don’t over‑claim privilege. Label only truly privileged items in Schedule B and state the basis. Consequence: the court may compel disclosure and award costs, and you may delay your own case.
• Don’t use vague descriptions. “Various emails” is not enough. Provide dates, authors, recipients, and a neutral subject. Consequence: challenges from the other side, meet‑and‑confer time, and potential court motions.
• Don’t pick the wrong deponent. A person without authority or knowledge weakens the affidavit. Consequence: the court may require a new affidavit or different representative, adding time and cost.
• Don’t lose track of production. Serving the form without producing Schedule A documents is incomplete. Consequence: deadlines missed, sanctions, or barred use of your own documents until compliance.

What to Do After Filling Out the Form

1. Serve the affidavit and produce documents. Send Form 30B to all parties. Deliver Schedule A documents in the agreed format. Use secure delivery. Confirm receipt in writing. Keep a delivery log.
2. Coordinate document inspection. If inspection is required, propose dates, locations, and access rules. Prepare a clean set for review. Arrange any necessary viewing tools or software. Supervise inspection if appropriate.
3. Manage privilege challenges. If the other side questions a Schedule B entry, discuss it promptly. Consider whether a redacted version or further detail is appropriate. Avoid sharing content that waives privilege. Record the outcome of each challenge.
4. Handle missing or destroyed documents. For Schedule C items, gather and preserve proof of loss, such as retention policies or vendor notices. If a reasonable replacement exists, like a duplicate from another custodian, produce it. Document your recovery efforts.
5. Prepare a production cover letter or index. Include a numbered list that ties each produced item to its Schedule A entry. State the format of production and any redactions. This reduces confusion and follow‑up.
6. Secure original records. Store originals and system images safely. Limit access and log who views them. Keep devices powered and preserved to avoid metadata changes. Maintain chain‑of‑custody notes for sensitive items.
7. Plan for supplemental disclosure. New documents often surface during interviews or exams. When that happens, collect and review promptly. Serve a supplementary affidavit with updated schedules. Produce any new non‑privileged items without delay.
8. Coordinate with internal teams. Notify IT to maintain holds. Update affected employees about what was produced. Brief management on timelines and risks. If insurers are involved, share the served affidavit and production index as required by your policy.
9. Support upcoming examinations. Organize key documents for your witness. Create a “produced set” and a “privileged set.” Mark exhibits as they are used. Track undertakings given during examinations and tie them back to your production log.
10. Address format and accessibility. If the receiving party cannot open your files, provide a workable alternative. Preserve integrity when converting. Avoid re‑saving originals. If you need to OCR or bates‑stamp, keep both stamped and clean sets.
11. Keep a disclosure dashboard. Track what you have served, produced, withheld, and promised. Include dates, custodians, sources, and volumes. This helps you respond to questions and manage deadlines.
12. Follow any court‑ordered timelines. Calendar milestones and send reminders to your team. If you cannot meet a date, raise the issue early and propose a path forward. Document all agreements with the other side about extensions or formats.
13. When to file with the court. Filing is not routine. If the court directs you to file, submit the exact version served, including schedules. Attach any proof of service if requested. Keep a stamped copy in your records.
14. How to amend or correct errors. If you spot an error, prepare a supplementary affidavit. Correct the record clearly. Identify what changed and why. Serve it on all parties and, if needed, file as directed. Withdraw or adjust privilege claims only after careful review.
15. Close the loop at the end of discovery. When disclosure is complete, confirm in writing with the other side. Tie up undertakings. Ensure your production log, proof of service, and affidavits are final. Preserve everything until the case concludes and retention obligations end.