Also known as: initial disclosures
Written by attorneys · grounded in primary & secondary sources — see below
A set of mandatory pretrial disclosures that a party must provide without a discovery request. The disclosures identify individuals likely to have discoverable information, documents and electronically stored information that the party may use to support its claims or defenses, and insurance agreements that may cover any judgment.
India Inoue sued Interlink Communications in federal court. The parties held their Rule 26(f) conference on March 1. Interlink Communications failed to serve its initial disclosures until March 20. The court enforced the fourteen-day deadline and precluded Interlink Communications from using undisclosed witnesses at trial.
Ivan Ivanov filed suit against Infinity Bank. Before any Rule 26(f) conference occurred, Ivanov served requests for production seeking internal bank records. The court quashed the requests because no discovery may proceed until after the required conference.
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Imani Idowu sued Icarus Aviation. The court set a scheduling conference for April 15. The parties conferred on March 20, more than twenty-one days before the scheduling conference, and prepared a discovery plan that included the timing of initial disclosures.
A party must make initial disclosures at or within fourteen days after the Rule 26(f) conference unless the court orders otherwise or a party objects during the conference.
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A party may not seek discovery from any source before the parties confer as required by Rule 26(f) except in exempted proceedings or when authorized by court order.
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The parties must confer as soon as practicable and in any event at least twenty-one days before a scheduling conference or scheduling order is due under Rule 16(b).
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