Sample documents · Issue E3. Found material

Form E3-1. Declaration of Provenance and Chain of Custody for Found Material

Version 1.10 · October 2026 Download: PDF Word

Template. Sample template for use by or with a licensed attorney. Not legal advice. Laws differ by jurisdiction and change; adapt the document to your facts and check every citation before relying on it.

When to use. A finder or landowner documenting provenance and custody of material found on private land. Not for: Material obtained from a government program.

Deadlines. Prepare as soon as possible after discovery and update at each transfer.

The document

2 pages, laid out as in the PDF and Word downloads. Select a page to open the PDF at that page.

Form E3-1, page 1 of 2. The text version follows the pages. Form E3-1, page 2 of 2. The text version follows the pages.
Text version of the document

DECLARATION OF [NAME] REGARDING DISCOVERY, PROVENANCE, AND CUSTODY OF MATERIAL

I, [name], declare:

  1. Identity. I am [age], residing at [address]. I make this declaration from personal knowledge.

  2. Discovery. On [date], at approximately [time], I found [description: size, weight, color, shape, apparent composition] at [location; GPS coordinates; property description]. The material was [lying on the surface / embedded at a depth of __ / in water]. Photographs taken at the time of discovery are attached as Exhibit A, with original files preserved with metadata.

  3. Land status. The land where I found the material is owned by [owner]. [I am the owner / I had permission from the owner to be on the land (attach written permission) / the land is (state, tribal, federal) land]. [If not the owner: The landowner has assigned to me any interest in the material by the assignment attached as Exhibit B.]

  4. Circumstances. [Describe any associated event: observed object, sounds, lights, debris field, other persons present, any government or other personnel who arrived later.]

  5. Witnesses. [Names and contact information.]

  6. Custody. Since discovery the material has been kept at [location] in [container], under my control. The following persons have handled or examined it: [names, dates, purpose]. No portion has been removed, except [describe any samples, by whom, when, and where they are now].

  7. Testing. [None / describe non-destructive or destructive tests, laboratory, results.]

  8. Government contact. [None / describe any contact with law enforcement, military, AARO, or other agencies, including any requests for the material and my responses.]

  9. Claims. I claim ownership of the material [as landowner / as finder / by assignment]. I have not transferred any interest in it, except [describe].

  10. Hazards. [Describe any precautions; any radiation or chemical measurements.]

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on [date] at [city, state].

[Signature]

Witness acknowledgment

I, [name], [relationship to declarant, e.g., neighbor present at discovery / laboratory technician], declare that on [date] I [was present when the material described above was found at the place described / received the material from the declarant for the testing described in paragraph 7 / observed the material in the condition described]. [Describe what the witness personally saw.] I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on [date] at [city, state]. [Signature] [Printed name, contact]

Custody log (attach and update): date | from | to | purpose | condition | signatures

Drafting notes

  • Witnesses. Have each person who was present at discovery, or who handled the material, sign a witness acknowledgment as soon as possible. Contemporaneous statements are the best answer to an authentication challenge under Fed. R. Evid. 901(b)(1) and to a later claim that the material was planted or substituted.
  • Photographs and location. Photograph the material where found before moving it, with a scale and a GPS-tagged image, and photograph each container seal. Keep the original files with their metadata.
  • Testing protocol.
    1. Begin with non-destructive tests (photography, weight, dimensions, X-ray fluorescence, radiation survey).
    2. Use an independent, accredited laboratory (ISO/IEC 17025) with its own chain-of-custody forms.
    3. Split any sample used for destructive testing, keep a retained portion sealed, and record its weight.
    4. Have the laboratory describe methods and uncertainty in its report, so the results can meet Fed. R. Evid. 702.
    5. Do not send material outside the United States, or give foreign nationals access to technical results, without export-control advice (Issue A5).
  • Hazards. If a radiation or chemical measurement is elevated, stop and contact the state radiation control program or a hazardous materials professional before further handling.
  • Related: Issue E3, E1; Forms E1-1, A5-1.
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