Extract from Tom O’Connor’s article “Exchange Protocol Checklist”
Your first consideration needs to be, what do the rules require?
FRCP 26(a)(1) requires initial disclosure forms (even without pending discovery requests) regarding:
- the names and contact information of any party who may have knowledge of or access to discoverable information, or evidence that could support or contradict the fundamental claims of a case;
- catalog of all electronic documents and data that will be used to make our case;
- a complete breakdown of all damages sought by disclosing parties, including how those figures were determined; and
- disclosure of any expert testimony.