It can be used in certain civil lawsuits in the United States District Court for the District of Nevada. Using this template does not guarantee any result in your case.
WHEN TO PREPARE INITIAL DISCLOSURES
- Figure out the due date. When the Court approves a Discovery Plan and Scheduling Order, it will set the date for exchanging Initial Disclosures.
- Begin working at least a week before. While the template is not long, it may take time to gather the information you need to complete it.
HOW TO COMPLETE THIS INITIAL DISCLOSURES TEMPLATE
- Understand “Initial Disclosures.” Disclosures are lists that tell the other parties what evidence will be used in the case. It is important that your Disclosures are complete. Provide all the information that you currently know and that you can figure out. Disclosures are required by Federal Rule of Civil Procedure 26, available here: http://www.uscourts.gov/sites/default/files/rules-of-civilprocedure.pdf.
- Fill in the case information. Fill in all the blanks on the first page. If this is the first set of Disclosures you sent out, check the box for Original on the first page.
- Complete Section 1 “List of Witnesses.” Before writing, count the number of people you might want to testify or whose written statements you might want to use at trial. Make copies of the Section 1 page so you have room for each person. List the name and, if you know it, the contact information of the person. Briefly describe what the person knows about the case.
- Complete Section 2 “List of Documents and Things.” The term “Document” here is used broadly and can include photos, audio recordings, emails, and other electronically-stored information. Before writing, count the number of categories of documents you might want to use. Make copies of the Section 2 page so that you have room for each. Describe categories of documents that you have that you might use to support your claims or defenses. Then describe where those documents are located such as “plaintiff” or “Dr. Jones, 1234 Street, City.”
- If you are the Plaintiff or Claimant, complete Section 3 “Damages Computation.” Write down each category of damages you are seeking, and any dollar totals or estimates. For example, if you were forced to miss work, list a category like “lost wages,” and write out your calculation (“40 hours x $15 per hour = $600”). Keep any documents that you use to make your calculations because the other side may ask you for them.
- If you are a Defendant, complete Section 4 “Liability Insurance.” Defendants must state whether or not they have any insurance for the claims in the lawsuit.
- Number the pages. Count the number of pages in your final Disclosures. On each page, write in the case number, page number and the total number of pages.
- Review and sign. Read the entire document to make sure everything is complete and correct. It is a good idea to look back at your Disclosures regularly to make sure you have not missed anything. If you need to add or change information – a person, a document, or damages information – you can use this template again. Check the box for Supplemental or Amended on the first page.
- Prepare the Certificate of Service. Each document that you file must be “served” on each party, usually by sending it in the mail. Follow the instructions on the Certificate of Service.
SERVING YOUR INITIAL DISCLOSURES
- Make copies. Once the documents are complete, make one copy for each party in the case.
- Serve the Disclosures. Be sure the Disclosures and Certificate are served on each party.
- Do not send a copy to the Court.
STAY UP TO DATE
- Update your contact information. File a notice with the Clerk right away if your address, email, or phone number changes, or you may miss important deadlines, causing you to lose your case.
- Check your mail. Be sure to check regularly for documents from the Court and opposing side.
- Each party sends the others its Initial Disclosures
- “Discovery”: parties send and respond to formal requests for documents and other information and do depositions (lasting several months)
- Each party makes sure its Initial Disclosures are correct and sends out any additions or changes (ongoing)
- Parties follow deadlines set by the Court in the Scheduling Order (ongoing)