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0 tracked cards Civil Procedure

In a federal breach-of-contract action, the parties held their Rule 26(f) conference on June 1. The court has not set a different disclosure deadline. The defendant has identified two employees likely to support its defenses and has a spreadsheet calculating its claimed offset, but it says its investigation is incomplete and that it will disclose information only after the plaintiff serves discovery requests.
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Unless a different time is set or a valid objection is preserved, the defendant generally must make initial disclosures within 14 days after the Rule 26(f) conference based on information then reasonably available. A party must disclose every witness and document in its possession, whether or not it may use the information to support its claims or defenses. The defendant may refuse to disclose witnesses and damages information because it has not completed its own investigation. The defendant need not make initial disclosures until the plaintiff first serves interrogatories or requests for production.

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