Also known as: Fed. R. Civ. P. 26(a)(3)(A) · Rule 26(a)(3)(A) · FRCP 26(a)(3) · pretrial disclosures · initial disclosures
Written by attorneys · grounded in primary & secondary sources — see below
A mandatory pretrial disclosure identifying the witnesses a party expects to present at trial, any deposition testimony the party expects to offer, and the documents or exhibits the party expects to introduce or may introduce if needed.
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Francesca Fiore served her pretrial disclosures thirty days before trial after the parties stipulated to an adjusted schedule. She listed her expected trial witnesses and exhibits in the filing. The court accepted the pretrial list as timely because the parties' agreement had extended the deadline.
Fumiko Fujimoto served her pretrial disclosures thirty days before trial, designating portions of a deposition under Rule 26(a)(3)(A)(ii). The opposing party filed a list of objections within fourteen days, claiming the designated testimony was inadmissible hearsay. The court considered the objections because they were served and filed promptly after the disclosures.
Unless the court orders otherwise, the disclosures must be made at least thirty days before trial. A party then has fourteen days after service to file objections to deposition designations or to the admissibility of exhibits.
An objection not made within fourteen days after the disclosures are served is waived unless it rests on Federal Rule of Evidence 402 or 403 or the court excuses the delay for good cause.