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. This article explores the origins, the requirements, and recent examples of Jackson affidavits, including in the New York Supreme Court’s Commercial Division.

Jackson affidavits derive their name from Jackson v. City of New York, 185 A.D.2d 768 (1st Dep’t 1992). There, the plaintiff sought certain maintenance records for a building owned by the City of New York in connection with her personal injury claims. Id. at 768. Despite discovery requests and multiple orders mandating compliance, the city repeatedly failed to produce the requested maintenance records. See id. at 768-69.