3.5 Rule 26(a)(1) Initial Disclosures

LibraryFederal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

3.5 RULE 26(a)(1) INITIAL DISCLOSURES

3.501 Federal Rule.

Fed. R. Civ. P. 26(a)(1) provides, in relevant part:

(a) Required Disclosures.
(1) Initial Disclosure.
(A) In General. Except as exempted by R ule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:
(i) the name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;
(ii) a copy—or a description by category and location—of all documents, electrically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;
(iii) a computation of each category of damages claimed by the disclosing party—who must also make available for inspection and copying as under R ule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and
(iv) for inspection and copying as under R ule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.
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(C) Time for Initial Disclosures—In General. A party must make the initial disclosures at or within 14 days after the parties' R ule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not
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