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FRCP Rule 26

Covers the duty to disclose and general rules of discovery under the federal Rules of Civil procedure. Its subsections include rules on what to disclose, the timing of such discovery, discovery that includes expert witness testimony, and the acceptable formats for discovery, including specific limitations on electronically stored information.

Rule Overview

Jurisdiction: United States

Regulator: US DOJ

Topic: Discovery

Overview
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Among other things, this rule stipulates that each party must, without awaiting a discovery request (unless otherwise exempted or ordered by a court), provide to the other parties the following:

01.
1: 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;
02.
2: A copy—or a description by category and location—of all documents, electronically 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;
03.
3: A computation of each category of damages claimed by the disclosing party, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and
04.
4: The ability to inspect or copy 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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