Can the respondent not disclose evidence during initial disclosures and just state that they are still investing the case and will supplement as needed? It seems that pursuant to rule 26(a)(1)(E) that it is clear that it is not an excuse. They provided absolutely no disclosure except for what was already included in their partial motion to dismiss.
Here are the responses from the Defendant:
Defendant's investigation and discovery are ongoing. At this stage of the action, Defendant makes the
following initial disclosures :
Then ends with the following:
Defendant will supplement this response when and if necessary in accordance the parties'
obligations under Federal Rule of Civil Procedure rule 26(e)(i)(a).
No. Pursuant to Rule 26, a party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party's disclosures or because another party has not made its disclosures. A party can be sanctioned for providing inadequate initial disclosures (including exclusion of witness testimony).
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
Initial disclosures are required to be provided when due and supplemented when additional information is learned or obtained. Another party may challenge inadequate disclosures and bring that to the court's attention either in a motion to compel further disclosure or in a motion to exclude evidence for failure to comply with the disclosure requirements. The only exception to disclosure is for evidence which would be used solely for impeachment purposes at trial. However, sometimes those impeachment opportunities do not arise, so evidence that was not timely disclosed may later be excluded, which is why disclosing evidence timely is often the better strategy. Consult an attorney, as preparing for a trial in either District Court or Superior Court is challenging even for an experienced attorney.
NOTICE: The above statements are provided for informational and educational purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, are not confidential because other people may read them. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. Any testimonial or endorsement of Robert Stempler or the Firm does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline