Discovery: Initial Disclosures

A party to a lawsuit must make a reasonable inquiry into the facts of the case and then disclose all information then reasonably available that is not privileged or protected by work product. Without waiting for a discovery request a party must make initial disclosures. Initial disclosures include the following:

--The names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses unless the use would be used solely for impeachment.

--Copies or descriptions of documents, electronically stored information, and tangible things that are in the disclosing party's possession or control that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.

--A computation of damages claimed by the disclosing party and copies of material upon which the computation is based.

--Copies of insurance agreements under which an insurer might be liable for all or part of any judgment that might be entered.

All of the above must be made within 14 days after the conference of the parties at which they plan discovery unless a different time is set by court order or by stipulation.

Worth also noting that initial disclosures such as those stated above are not required in cases such as actions to review an administrative record, actions to enforce an arbitration award, pro se litigation brought by prisoners, actions to quash or enforce subpoenas, and habeas corpus petitions.