i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISCOVERY AN OVERVIEW FRCP, RULE 26 A. INITIAL DISCLOSURES 1. What information must be disclosed? *Every party must disclose the following information whether or not requested through formal discovery: a) Name, address and phone number (if known) of any person with discoverable information that disclosing party may use to support its claims or defenses, unless solely for impeachment. b) Either a copy of, or a description of, all documents in the possession, custody or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment. c) A computation of any category of damages claimed along with any documents or other evidentiary material upon which the calculation is based. d) Any applicable insurance agreement(s) APPLICABLE RULE: FRCP, Rule 26(a)(1)(A)-(D) ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *The mandatory disclosure requirements are NOT applicable in the following types of cases: a) Action for review on an administrative record b) Action challenging a criminal conviction c) In pro per action brought by a person in federal or state custody d) Action to enforce/quash an administrative summons or subpoena e) Action by United States to recover benefit payments f) Action by United States to collect on a student loan g) A proceeding ancillary to proceedings in other courts h) Action to enforce an arbitration award APPLICABLE RULE: FRCP, Rule 26(a)(1)(E) iii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. When must the information be disclosed? *Unless a different time is set by stipulation or court order, the initial disclosures mandated by FRCP, Rule 26(a)(1) must be made at or within 14 days after the discovery conference of parties required by FRCP, Rule 26(f) *For parties joined or served after the FRCP, Rule 26(f) conference, the initial disclosures are are due within 30 days after the party is served or joined. *“A party must make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.” APPLICABLE RULE: FRCP, Rule 26(a)(1) 3. How must the information be disclosed? *Unless the court orders otherwise, all initial disclosures must be made in writing, signed, and served. APPLICABLE RULE: FRCP, Rule 26(a)(4) iv 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. SUBSEQUENT DISCLOSURES 1. What information must be disclosed? *Name, address and telephone numbers of each prospective trial witness *Designation of those witnesses whose testimony is expected to be presented by means of a deposition *An appropriate identification of each document or other exhibit, including summaries of other evidence APPLICABLE RULE: FRCP, Rule 26(a)(3)(A)-(C) 2. When must the information be disclosed? *Unless otherwise directed by the Court, the subsequent disclosures must be made at least 30 days before trial. APPLICABLE RULE: FRCP, Rule 26(a)(3) 3. How must the information be disclosed? *Unless the court orders otherwise, all subsequent disclosures must be made in writing, signed, and served. APPLICABLE RULE: FRCP, Rule 26(a)(4) v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. ADDITIONAL REQUIREMENTS *A party may not seek discovery from any source before the parties have conferred as required by FRCP, Rule 26(f) APPLICABLE RULE: FRCP, Rule 26(d) *Parties are under a continuing obligation to supplement any prior disclosures or discovery responses APPLICABLE RULE: FRCP, Rule 26(e)