How to Fill Out an Affidavit of Document Custodian

By Marilyn Lindblad

When an individual, company or government agency subpoenas a company's records, the company must respond. When the company turns over records in response to a subpoena, an employee of the company who is familiar with the records verifies that the records are authentic by signing an affidavit. Many subpoenas include a form affidavit for the document custodian to complete and return to the party that requested the records.

Step 1

Print or type the name of the state and county where you are signing the affidavit in the section provided on the form for the signing location. This section is often located at the top of the form. It identifies the state and county where you signed the affidavit. The entity requesting documents may have already filled in the name of the state where the subpoena was served. If so, you need only fill in the name of the county where you are signing.

Step 2

Print or type your full legal name in the section provided for the document custodian's name. When you sign the affidavit, you will have to provide identification to the notary public who notarizes your signature so the name you write on the form should match the name on your identification.

Divorce is never easy, but we can help. Learn More

Step 3

Print or type the name of the document(s) you are providing pursuant to the subpoena.

Step 4

Contact a notary public and arrange an appointment for him to administer an oath and notarize your signature. If your company does not have a notary on staff, you can usually find one at an office supply store.

Step 5

Swear or affirm to the notary public that the contents of the document are true. The exact wording of the oath may vary from one notary public to another, but the main point of the oath or affirmation is that you verify, under penalty of perjury, that the affidavit is true.

Step 6

Sign the affidavit on the signature line provided for the document custodian. Print your name on an additional line if one is provided. Show the notary public your identification so he can verify your identity. State law determines the type of oath a notary public will administer and what kind of identification is acceptable.

Divorce is never easy, but we can help. Learn More
How to Subpoena Records in Virginia for a Divorce Case


Related articles

How to Find a California Tax ID Number EIN

An employer tax identification number, commonly called EIN, is the business equivalent of an individual's Social Security number. It is used on tax and other state and federal documents to identify a business. The EINs required for state tax purposes by the California Franchise Tax Board are those issued by the federal Internal Revenue Service. Like a Social Security number, an employer identification number is considered confidential by the business and only provided on a need-to-know basis.

How to Locate Articles of Incorporation

A corporation files articles of incorporation with a state business registrar to set up the company and obtain permission to conduct business in the state. The articles contain basic information, including the corporation's legal name and the contact information for an agent located in the state who can accept official mail and court summonses on behalf of the corporation. The articles of incorporation are maintained as public documents so anyone can find out who is responsible for corporate business activity. Every state makes the articles for all state-registered corporations available to the public upon request.

How to Set Up an LLC in South Carolina

You set up an LLC in South Carolina by filing a document called Articles of Organization that complies with the requirements of the South Carolina Uniform Limited Liability Company Act of 1996. Setting up a South Carolina LLC is easy; however, determining the legal and tax consequences of operating your business as an LLC are not. Information is available from the South Carolina Secretary of State to assist you in setting up your LLC. It may be in your best interest to obtain advice from a lawyer or tax adviser regarding whether this is the right entity for your business.

Get Divorced Online

Related articles

How to Search LLC Names

Searching for LLC names is accomplished by contacting a state government agency that oversees the formation of limited ...

Can I Create an LLC in Texas by Myself?

Seeking the counsel of a lawyer and an accountant can help you navigate the steps to form a limited liability company ...

How to Sign as a Power of Attorney

Being the recipient of a power of attorney comes with various duties, including signing documents on behalf of the ...

How to Complete an SS4 for a Testamentary Trust

If you’re the trustee of a testamentary trust – meaning you are responsible for a trust that a decedent created through ...

Browse by category
Ready to Begin? GET STARTED