/MAN-duh-tor-ee ih-NISH-uhl dis-KLOH-zhur/·procedural term
Also known as:mandatory initial disclosures · initial disclosure · Rule 26(a)(1) disclosure
Written by attorneys · grounded in primary & secondary sources — see below
A self-executing exchange of information that each party must provide to opposing parties early in federal civil litigation without awaiting a discovery request. The obligation covers the identity of individuals likely to have discoverable information the party may use to support its claims or defenses, a description by category and location of documents and electronically stored information the party may use for the same purpose, and a computation of damages. A party must make these disclosures based on information then reasonably available and is not excused by incomplete investigation or challenges to another party's disclosures.
Sources & Authorities· 5 primary sources
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Federal Rules
Hornbooks
How it applies
Common Examples
2
Premature Discovery Request Rejected
Malcolm McKinley sued Marathon Logistics in federal court alleging breach of a shipping contract. Before the parties held their Rule 26(f) conference, Marathon served document requests seeking McKinley's internal emails about delivery delays. McKinley moved for a protective order. The court denied Marathon's requests because the parties had not yet conferred and no exception applied, forcing Marathon to await the mandatory initial disclosures that would identify relevant custodians and document categories.
Conference Sets Disclosure Deadline
Megan Moore sued Millennium Media for copyright infringement. The parties conferred under Rule 26(f) twenty-five days before the scheduling conference. During the conference they agreed to exchange initial disclosures within fourteen days. Millennium Media identified its key witnesses and described the location of its design files, satisfying the mandatory obligation and allowing Moore to plan targeted follow-up discovery.
Common questions
Frequently Asked
4
What must a party include in its mandatory initial disclosures?+
A party must identify each individual likely to have discoverable information it may use to support its claims or defenses along with the subjects of that information. It must also provide a copy or a description by category and location of all documents and electronically stored information it may use to support its claims or defenses, other than items used solely for impeachment, plus a computation of damages.
Can a party withhold documents from initial disclosures because they are buried in large archives?+
No. The rule requires disclosure of documents and electronically stored information by copy or by category and location even if the materials are voluminous. The burden of locating specific items within the described repositories is a matter for later discovery, not a basis for withholding the initial disclosure itself.
Must a party disclose every supporting witness by name in its initial disclosures?+
Yes. Each individual a party may use to support its claims or defenses must be identified by name and, if known, address and telephone number, together with the subjects of the information the witness is expected to provide. A vague reference to team members or a single project contact does not satisfy the obligation when other individuals will be called to testify.
Does the duty to make initial disclosures end once the first set is served?+
No. A party has a continuing duty to supplement its initial disclosures in a timely manner if it later learns that the disclosures are materially incomplete or incorrect and the new information has not already been made known to the opposing party.
Professional ResponsibilityTransactions and communications with persons other than clients · Communications with unrepresented personsMPREFoundational