MBE Rules · Civil Procedure
Initial Disclosures
FRCP 26(a)(1)
The rule
Without awaiting a request, parties must disclose likely supporting witnesses, supporting documents, damages computations, and applicable insurance agreements within 14 days of the Rule 26(f) conference.
In plain English
Initial disclosures require parties to proactively share key information without waiting for a request from the other side. This includes identifying witnesses, providing documents that support their claims or defenses, calculating damages, and disclosing any relevant insurance agreements within 14 days after the Rule 26(f) conference.
Worked example
In a breach of contract case, Party A and Party B hold their Rule 26(f) conference on March 1. By March 15, Party A discloses the names of witnesses, relevant emails, a damages calculation of $50,000, and their insurance policy. Party A's compliance with the initial disclosure requirement is upheld.
Memory hook
Initial disclosures: share first, ask later!
The trap
Exams may present scenarios where a party fails to disclose certain information, leading students to misinterpret the timing and requirements of initial disclosures. Be cautious of questions that imply a request was needed before disclosure.
How examiners test it
This rule often appears in questions about discovery disputes or sanctions for failure to disclose, requiring students to determine if initial disclosures were properly made and the implications of any failures.
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