Rule 121 - Disclosure Statementsa.Disclosure of information. Within forty (40) days after the defendant has filed an answer, or at a time set by the court, each party must provide to the other parties a written disclosure statement. Every party's disclosure statement must include the following information: (1)A list of trial witnesses. This list must include the names, addresses, and telephone numbers of the witnesses the party will call if the lawsuit goes to trial, and a brief description of what the party expects the witness will say. "Witness" is defined in Rule 137(a) as "a person, including a party, who provides sworn testimony during a lawsuit." If a witness is going to offer expert testimony, the list must include the expert's qualifications, and a summary of the opinions of the expert.(2)A list of other people with knowledge. This list must include the names, addresses, and telephone numbers of persons who will not be called as trial witnesses, but who have information that may be favorable or unfavorable concerning the event or transaction that is the subject of the lawsuit.(3)Copies of exhibits and information.(A) A party must provide copies of any documents or exhibits the party will use to support a claim or defense, including copies of electronically stored documents;(B) In a contested case based upon the collection of a consumer debt (a debt entered into for personal, family, or household purposes), the plaintiff must disclose all available evidence related to the allegations contained in the complaint. These include: (i) The agreement between the creditor and consumer, if available, upon which the complaint is based;(ii) Any available billing statement to the consumer;(iii) If the debt has been assigned, evidence that the plaintiff is the owner of the debt;(iv) Information concerning the date of the last payment made by the consumer, if available;(C) If the party intends to use at trial any document, object, or exhibit that cannot be easily copied, the party must make the item reasonably available for inspection by the other parties at the pretrial conference or as otherwise agreed to by the parties.(4)Statements. A party must provide a copy of any written or recorded statements that are within the party's possession or control and that were given by any person. If a party is aware of such a statement that is not within the party's possession or control, the party must identify the name and address of the person who gave the statement and the custodian of the copy of the statement, if known.(5)A list of other documents. This list must include all other relevant documents that are known to exist, whether these other documents are favorable or not and whether they exist in paper or electronic formats, and their location, if known. The list must include any insurance agreements that may satisfy all or part of a judgment that may be entered in the lawsuit. A party may provide copies of these documents rather than a list of documents. The disclosure statement must be signed by the party who prepared it, and by the party's attorney if represented, and it must be provided to ("served on") the other parties as provided in Rule 120.
A party is not required to disclose information that is legally privileged or that has been prepared specifically for litigation, except as stated in Rule 122(f)(3) of these rules. However, the party withholding this information must provide a general description of the documents or matters not disclosed that is sufficient for another party to challenge the non-disclosure. [ARCP 26.1(a), (b), (d), (f)]
b.Disclosure of new information. If a party discovers new or different witnesses, documents, or other information that will be used at trial, the party has a duty to promptly provide to the other parties: (1) a statement containing the additional information or witness information, or(2) copies of the new documents. The duty to make the disclosures required by this rule is a duty that continues until the lawsuit is over. [ARCP 26.1(b)] c.Penalties for failure to disclose. Disclosures by a party must include enough information that a witness who is called or an exhibit that is presented at trial will not surprise the other parties. The court may penalize any party who fails to disclose or who fails to timely disclose witnesses, exhibits, or information, or who discloses inaccurate information. Penalties that the judge may impose are provided in Rule 127(d). [ARCP 37(a), (c), (d)] Just. Ct. R. Civ. proc. 121
Adopted Aug. 30, 2012, effective 1/1/2013.