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How-To: Complete 'Initial Disclosures'


Background: You have a new lawsuit in Federal Court
Problem: You are unsure of how to satisfy the 'Initial Disclosures' requirement
Solution: You follow this guide for completing 'Initial Disclosures'

I. Definitions

Pretrial Conference
in civil procedure, a conference held after the pleadings have been filed and before the trial begins, for the purpose of bringing the parties together to outline discovery proceedings, and define the issues to be tried. Courts often use the pretrial conference as an opportunity to encourage settlement.

In criminal procedure, a pretrial conference is also used to review evidentiary issues prior to trial, but because of the privilege against self-incrimination and the presumption of innocence, it is not as comprehensive or useful to the parties as in civil cases.

II. Legal Citations

Rule 26(a)(1) Fed. R. Civ. P. | Initial Disclosures
"(A) In General. Except as exempted by Rule 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 [of witnesses]...

(ii) a copy [of evidence you currently have]...

(iii) a computation of [damages]...

(iv) ...any insurance agreement [to cover relevant losses]..."

III. Samples

# PDF Comments
1logoAdobeTBD case. Plaintiff's Filing (pro se). Long list of witnesses. Hearty amount of computations.iconPriceTag
2logoAdobeDefendant's Filing (attorney). Employer had insurance to cover discrimination suits.iconPriceTag
3logoAdobePlaintiff's Filing (pro se). Clean list of 'evidence'.iconPriceTag
4logoAdobePlaintiff's Filing (attorney). Clean list of 'evidence'. Detailed computation section.iconPriceTag
5logoAdobeDefendant's Filing (attorney). Good legal disclaimer. Detailed rationale for witnesses/evidence.iconPriceTag
6logoAdobeDefendant's Filing (attorney). Very brief. Easter egg: written by Andrew M. Cuomo, Esquire.iconPriceTag

IV. Templates

# Link Comments
1iconMSWordReplace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").iconPriceTag

V. Quick Commentary

  • Crucial Note:You must exchange this document before the deadline; according to:
  • Feel free to use the template (see Part III - above) to help draft your 'Initial Disclosures'
  • Please download as many sample documents as you'd like
  • Proofread your document as much as possible.
  • Save the final version as a PDF file.
  • Email the PDF to the other party (read about Serving Court Documents here).
  • You might not need to immediately file it with the court
    • See Local Rule 3.03 from USFLMD
      • Make sure to check the local rules of the federal court that has territorial jurisdiction over your case

VI. Additional Notes

  • The 'Initial Disclosures' is a relatively simple file (no need for legal citations, etc.)
  • Total Time needed ≈ 0-5 hours

VII. Additional Resources

  • Handbooks
    • Item 4.02, Pro Se Handbook (Federal Bar Association)
    • Item 6.04, Pro Se Handbook (USNYWD)

VIII. Conclusion

The 'Initial Disclosures' document is required in Federal Court cases of discrimination. There is a deadline. Luckily, the document itself is rather simple.

...POINTS & THINGS...

Congratulations! You're now booked up on how to satisfy the 'Initial Disclosures' requirement of your federal case!

Please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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