Required Disclosures

Governed by: Rule 26(a)(1),(a)(2),(e)(1); Rule 37(c)(1).

  • Required Disclosures are weird.
    • You have to offer them without being asked—it's like giving youself up for free—whereas everything else must be asked for.
  • You need to disclose people who you intend to use at trial, or who may be useful in finding the facts of the case.
    • You need to disclose that a person exists only if you use their testimony, so that there are no surprises at trial.
    • You don't have to disclose witnesses that will be used for the impeachment of another witness beacuse that would jeopardize the ability of the impeaching party to hold up the truth of a trial/testimony.
    • Don't overdisclose—but NEVER underdisclose, for fear of sanctions in FRCP 37(c)(1).
  • Other Required Disclosures
    • The purpose of these other required disclosures is to, again, reduce the chance of surprise at trial.
    • Supplemental Disclosures
      • FRCP 26(e)(1)
    • Expert Disclosures
      • FRCP(a)(2)
    • Pretrial Disclosures
      • FRCP(a)(1)
  • Limitations to Required Disclosures
    • Not all cases require disclosures. For example:
      • Student loan collection suits
        ▫ The government already knows... they gave you the money
      • Review of an Administrative Record