Legal Definitions - initial disclosure

Initial disclosure refers to the first mandatory exchange of core information between parties involved in a lawsuit, occurring early in the litigation process. This requirement is typically set by court rules and aims to promote transparency, facilitate settlement discussions, and prevent surprises as the case progresses.

The information exchanged during initial disclosure often includes:

• The names of individuals likely to have discoverable information, along with the subjects of that information.
• Copies or descriptions of all documents and electronically stored information that the disclosing party may use to support its claims or defenses.
• A computation of each category of damages claimed by the disclosing party, along with supporting documents.
• Any insurance agreements that might be used to satisfy a judgment.

Here are some examples illustrating initial disclosure:

• Example 1: Car Accident Personal Injury Lawsuit

  Imagine Sarah is suing David for injuries she sustained in a car accident where David was at fault. As part of the initial disclosure process, Sarah would be required to provide David with information such as the names of witnesses to the accident, copies of her medical bills and records related to her injuries, and a preliminary calculation of her lost wages and pain and suffering. David, in turn, would disclose details about his vehicle insurance policy and any witness statements he possesses. This exchange allows both parties to understand the basic facts and evidence supporting each other's positions right from the start of the lawsuit.

• Example 2: Business Contract Dispute

  Consider a scenario where "Tech Solutions Inc." is suing "Global Gadgets Corp." for breach of a software development contract. During initial disclosure, Tech Solutions would provide Global Gadgets with copies of the contract itself, relevant email communications between project managers, invoices for work performed, and a breakdown of the financial damages they are claiming due to the alleged breach. Global Gadgets would respond by disclosing any internal memos or documents they believe show Tech Solutions failed to meet its obligations, as well as names of employees involved in the project. This early sharing of key documents and information helps both companies assess the strengths and weaknesses of their respective cases.

• Example 3: Employment Discrimination Claim

  Suppose Maria files a lawsuit against her former employer, "MegaCorp," alleging gender discrimination. In her initial disclosure, Maria would provide MegaCorp with the names of colleagues she believes witnessed discriminatory behavior, copies of any performance reviews or emails she intends to use as evidence, and a calculation of her lost earnings and other damages. MegaCorp would then be required to disclose its relevant employment policies, the personnel files of Maria and potentially other employees involved, and the names of managers or HR representatives who handled Maria's employment. This early exchange ensures both sides have a foundational understanding of the evidence and arguments that will be presented in court.