Index documents for a resources dispute without writing sworn evidence
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Build a chronology and a discovery index from the documents the lawyer marks, with the date, the author as printed, and the page. Do not write an affidavit, a declaration, or any sentence that will be filed or sworn.
- What the lawyer must review
- Sworn evidence is for the witness and the lawyer. 28 U.S.C. 1746 provides that where a matter may be supported by a sworn declaration, verification, certificate, statement, oath, or affidavit in writing, other than a deposition, an oath of office, or an oath required to be taken before a specified official other than a notary public, it may be supported by an unsworn declaration subscribed as true under penalty of perjury and dated, in substantially the form that section sets out. That declaration is still the witness's statement. Federal Rule of Civil Procedure 26(b)(5)(A) requires a party that withholds information otherwise discoverable, by claiming privilege or protection as trial-preparation material, to expressly make the claim and to describe the nature of what is not produced or disclosed without revealing the privileged or protected information. The lawyer writes anything that is sworn, declared, or filed. The tool writes none of it.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information and summarising source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.