Claimants often submit affidavits, verifications, or declarations (each referred to herein as “affidavits”) in support of their claims to prove that they were exposed to Halliburton or Harbison-Walker asbestos containing products. The Trust will accept the affidavits as proof of such exposure only if it finds the affiants’ statements to be credible. To help claimants prepare affidavits that the Trust will accept as proof of exposure, listed below are some of the factors it considers in assessing an affiant’s credibility. Deviating from the guidelines below will not automatically cause an affidavit to be rejected, but may result in a processing delay and require additional information to be submitted.
Injured Party and Personal Representative Affidavits
These guidelines do not apply to affidavits submitted by co-workers; such affidavits are addressed separately below. An affidavit of an Injured Party or a Personal Representative should:
- Indicate that the affiant is competent to testify to the information stated and has direct and personal knowledge of the factual information relevant to the claim.
- Include page numbers and provide the affiant’s initials and the date of execution on each page.
- Have no changes, edits, deletions, or corrections. This includes handwritten changes, notes or deletions.
- In the case of a Personal Representative’s affidavit, explain how the affiant acquired the information stated and describe the affiant’s relationship to the Injured Party.
- In the case of an affidavit asserting that an Injured Party was exposed to a Halliburton or Harbison-Walker asbestos containing product at an undocumented site, specifically identify the Halliburton or Harbison-Walker asbestos containing product or products to which the Injured Party was exposed. The affiant should also explain how he knows the products were those of the debtor. The Trust will not accept checked boxes or circled designations for product.
- In the case of an affidavit asserting that an Injured Party was exposed to a Halliburton or Harbison-Walker asbestos containing product at an undocumented site or asserting that an Injured Party who worked in an occupation not typically associated with asbestos exposure worked at a Documented Site, explain in detail and with specificity how the Injured Party was exposed to the specific asbestos products alleged for the time required for Company Exposure.
- Be signed under the penalty of perjury and otherwise satisfy the affidavit requirements of the state in which it is signed.
Co-Worker Affidavit
An affidavit of an Injured Party’s co-worker must:
- Indicate that the affiant is competent to testify to the information stated and has direct and personal knowledge of the factual information relevant to the claim.
- Include page numbers and provide the affiant’s initials and the date of execution on each page.
- Have no changes, edits, deletions, or corrections. This includes handwritten changes, notes, or deletions.
- Explain how the affiant acquired the information stated and describe the affiant’s relationship to the Injured Party, if any.
- In the case of an affidavit asserting that Halliburton or Harbison-Walker asbestos containing products were present at an undocumented site, specifically identify the Halliburton or Harbison-Walker asbestos containing product or products.
The Trust will not accept checked boxes or circled designations for product.
- If the Injured Party is deceased and the co-worker affidavit is the only evidence that the Injured Party was exposed to the Halliburton or Harbison-Walker asbestos-containing product, then the affiant should specifically describe how s/he knows it was the debtor product, describe how the debtor’s product was used and how a worker would be exposed to that product.
- If the affiant worked in an occupation not typically associated with asbestos exposure, explain in detail and with specificity how the affiant knows that the products were products of the debtor.
- Be signed under the penalty of perjury and otherwise satisfy the affidavit requirements of the state in which it is signed.