What Are Pretrial Disclosures?
Pretrial disclosures identify the evidence that a party intends to present at trial. Under Federal Rule of Civil Procedure 26(a)(3), each party must disclose the witnesses they expect to present, witnesses they may call if needed, and the documents or exhibits they plan to offer into evidence.
These disclosures help streamline trial preparation by allowing each side to evaluate the other party’s anticipated evidence in advance of trial.
When Are Pretrial Disclosures Due?
Pretrial disclosures are due thirty (30) days before trial unless the court orders otherwise. Fed. R. Civ. P. 26(a)(3)(B). If the calculated deadline falls on a weekend or legal holiday, the deadline may move under the time computation rules in Federal Rule of Civil Procedure 6.
In many federal cases, the court’s scheduling order or pretrial order may establish different deadlines for pretrial disclosures. Users should always compare the calculated deadline with the court’s scheduling order, local rules, and any case-specific order entered by the judge.