How to Fill Out an Affidavit of Document Custodian

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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.

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.

Read More: How to Swear an Affidavit

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.

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

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.

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.

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.


  • Consult a lawyer if the subpoena requests confidential documents or documents your company does not want to turn over for any reason. There may be ways you can legally avoid producing the documents.

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