Civil Litigation 7th Edition (Kerley, Hames, & Sukys), Chapter 8, page 267 ->

Chapter Exercise 5

Analyze the following situation and, using your understanding of the discovery rules as explained in this chapter, determine which of the following items in the Raphael case would qualify as initial disclosures and which, under Rule 26 of the Federal Rules, would have to be provided to the National Science Foundation without waiting for a discovery request:

a.a copy of a list of all of the abstracts and grant proposals written by Phipps over the last 18 months and in the possession of or under the control of Dr. Raphael;

b. a set of notes written by your supervising attorney during the intial interview with Dr. Raphael;

c. a series of e-mails that passed between Dr. Raphael and Phipps regarding the possible suspension of Phipps and the later results of those discussions;

d. the names, addresses, e-mail addresses, mobile numbers, and office telephone numbers of the research fellows supervised by Dr. Raphael over the last 18 months; and

e. a video of a practice session during which Dr. Raphael was questioned by an attorney in your law firm.

In each situation, explain why the item in question should or should not be classified as an initial disclosure.