Discovery
Scope and Framework
Rule 26(a)(1) requires disclosure of witnesses likely to have discoverable information the party may use, documents the party may use, a computation of damages, and applicable insurance agreements.
The obligation extends only to material the disclosing party may use.
Alternative Names:
Rule 26(a)(1) Disclosures, Automatic Disclosures
Why it Matters?
The may use limitation is what parties frequently misread, since the obligation covers only witnesses and documents the disclosing party might rely on, not everything relevant. That means initial disclosures do not substitute for discovery requests. The insurance disclosure is the provision defendants most often overlook, and it is mandatory rather than subject to a relevance objection.
Frequently Confused with
Related terms
Frequently asked questions
What must be disclosed?
Do initial disclosures replace discovery requests?
