Also known as: initial disclosure · Rule 26(a) disclosures
Written by attorneys · grounded in primary & secondary sources — see below
Mandatory exchanges of core information that parties must provide to each other without a discovery request at the outset of most civil actions. The disclosures cover individuals likely to have discoverable information, documents and tangible things, a computation of damages, and insurance agreements.
Ideal Solutions and Infinity Bank held their Rule 26(f) conference on March 1. Ideal Solutions delivered its initial disclosures listing key witnesses and damage calculations on March 12. Infinity Bank moved to compel additional disclosures, arguing the timing violated the fourteen-day window. The court denied the motion because the disclosures arrived within the required period after the conference.
Imperial Motors served interrogatories on Iris Energy the day after filing its answer. Iris Energy objected that no Rule 26(f) conference had occurred. The court sustained the objection and stayed the interrogatories until the parties conferred. Iris Energy then used the conference to obtain the initial disclosures before any further discovery.
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Ismael Ibrahim sued Imperial Motors in federal court. The court set a scheduling conference for April 15. The parties conferred on March 20, more than twenty-one days before that date, and exchanged initial disclosures during the meeting. Imperial Motors later attempted to delay disclosures until after the scheduling order, but the court enforced the earlier exchange.
A party must make the initial disclosures at or within fourteen days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order. A party joined later must disclose within thirty days after being served or joined.
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A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure or when authorized by the rules, stipulation, or court order.
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A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party's disclosures.
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Certain proceedings listed in Rule 26(a)(1)(B) are exempt from initial disclosure, including proceedings ancillary to another court and actions to enforce an arbitration award.
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