Legal Definitions - disclosure

In the legal world, disclosure refers to the mandatory, automatic sharing of specific, routine information and evidence between parties involved in a civil lawsuit, without the need for a formal request from the opposing side. This process is designed to promote transparency, prevent surprises, and help streamline the litigation process, often leading to earlier settlements or more efficient trials.

Disclosure typically occurs in several stages throughout a lawsuit:

• Initial Disclosures: Early in the case, each party must automatically provide fundamental information. This includes the names and contact details of individuals likely to have discoverable information, copies of documents and electronic data that support their claims or defenses, a calculation of the damages they are seeking, and details about any insurance policies that might cover a potential judgment.
• Expert Witness Disclosures: If a party intends to use expert witnesses (such as doctors, engineers, or financial analysts) to provide specialized testimony, they must disclose the identity of these experts, their qualifications, and a detailed report summarizing their opinions, the facts they considered, and the basis for their conclusions.
• Pre-Trial Disclosures: Closer to the trial date, parties must disclose a list of all witnesses they intend to call at trial and identify all documents and exhibits they plan to present. This allows the court and the opposing party to review the evidence and raise any objections before the trial begins, making the trial itself more efficient.

It's important to note that parties are generally not required to disclose evidence they plan to use solely to challenge the credibility of an opposing witness (known as "impeachment evidence").

Here are some examples illustrating disclosure:

• Example 1: Personal Injury Lawsuit

  Imagine a pedestrian, Sarah, sues a driver, Mark, after being injured in a car accident. As part of initial disclosures, Sarah's legal team would automatically provide Mark's lawyers with copies of her medical records, bills for treatment, and a detailed breakdown of her lost wages and other damages. Mark's legal team, in turn, would disclose any dashcam footage from his vehicle, the police accident report, and information about his auto insurance policy that might cover Sarah's claims. This exchange happens without either side having to formally ask for these specific documents or information.

  This example illustrates disclosure by showing the automatic exchange of medical evidence, damage calculations, and insurance details early in a personal injury case, which are crucial for both sides to understand the scope of the dispute.

• Example 2: Construction Defect Case

  A homeowner, Mr. Henderson, sues a construction company for significant structural defects in his newly built house. During the expert witness disclosure phase, Mr. Henderson's attorney would provide the construction company's lawyers with the name and resume of a structural engineer they hired, along with the engineer's comprehensive report detailing the defects, the methods used to identify them, and the estimated cost of repairs. The construction company would then disclose their own expert's report, perhaps from a different engineer, offering a counter-analysis. This allows both sides to understand the technical arguments and evidence before trial.

  This example demonstrates expert witness disclosure, where specialized technical reports and expert qualifications are automatically shared to inform both parties about the expert testimony that will be presented.

• Example 3: Breach of Contract Dispute

  Company A sues Company B, alleging that Company B failed to deliver a crucial software component as per their contract, causing Company A significant financial losses. In their initial disclosures, Company A would provide copies of the signed contract, relevant email correspondence discussing the delivery schedule, and internal financial statements showing the losses incurred due to the delay. Company B would respond by disclosing any communications explaining the reasons for the delay, such as supply chain issues, and documents showing their efforts to mitigate the impact. Closer to trial, both companies would disclose lists of the specific employees they plan to call as witnesses and the exact contract clauses or emails they intend to present as evidence.

  This example illustrates both initial disclosures (contract, communications, financial impact) and pre-trial disclosures (witness lists, specific exhibits) in a commercial dispute, highlighting how disclosure provides a clear picture of the evidence each party intends to rely on.