Among the discovery tools available to New York courts and litigants is a so-called Jackson affidavit, which requires a party to provide a sworn explanation of its efforts to locate requested documents. Partner Lara Flath, associate Gaby Colvin and law clerk Eleni Pappas discuss the origins, the requirements and recent examples of Jackson affidavits, including in the New York Supreme Court's Commercial Division.
You're Sure You've Looked? The Use of Jackson Affidavits and Efforts to Locate Discovery Materials
New York Law Journal