[WSBARP] Anticipated Pre-Litigation Affidavit

[Paul Neumiller]

Listmates, Happy Friday.  Just in case my current negotiations go sideways, I need to anticipate litigation.  OK, so 80 year old's (who lives on a boat) testimony is needed to establish that certain encroachments onto neighboring property were allowed/granted with permission from neighbor.  His testimony is crucial to defend against an adverse possession lawsuit (if the parties come to that) because it establishes that the encroachments were placed with permission.  But he is elderly with failing health and living on a boat.  He is sympathetic with my client's position and is willing to sign anything (as long as it's true).  So, do I have him sign an affidavit with penalty of perjury using any certain "pre-litigation language?"  I can prepare an affidavit but I'm wondering if there is any necessary language to use in the affidavit now in order to submit the affidavit to court later in case he dies or becomes disabled prior to trial time.  Thanks for your guidance.  -Paul Neumiller


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