401.05 Form of Disclosures
Fed. R. Civ. P. 26(a)(4) Form of Disclosures. Unless the court orders otherwise, all disclosures under Rule 26(a) must be in writing, signed, and served.
Fed. R. Civ. P. 26(g) Signing Disclosures and Discovery Requests, Responses, and Objections.
- (1) Signature Required; Effect of Signature. Every disclosure under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record in the attorney’s own name — or by the party personally, if unrepresented — and must state the signer’s address, e-mail address, and telephone number. By signing, an attorney or party certifies that to the best of the person’s knowledge, information, and belief formed after a reasonable inquiry:
- (A) with respect to a disclosure, it is complete and correct as of the time it is made * * * *
- (2) Failure to Sign. Other parties have no duty to act on an unsigned disclosure, request, response, or objection until it is signed, and the court must strike it unless a signature is promptly supplied after the omission is called to the attorney’s or party’s attention.
Disclosures must be in writing, signed by either the party or its attorney, and bear the caption and proceeding number for the case. [ Note 1.] The signer’s address, email address, and telephone number must also be provided. [ Note 2.] Signature of a disclosure constitutes certification that the disclosure is complete and correct at the time it was made. [ Note 3.] Disclosures also must be served. [ Note 4.]
Fed. R. Civ. P. 26 specifically exempts privileged information and work product from disclosure.
For a discussion of the duty to supplement initial disclosures, see TBMP § 408.03.
For a discussion of violations of Fed. R. Civ. P. 26(g), see TBMP § 408.01(c).
NOTES:
1. Fed. R. Civ. P. 26(a)(4); Fed. R. Civ. P. 26(g). See Influance Inc. v. Zuker, 88 USPQ2d 1859, 1861 (TTAB 2008).
2. Fed. R. Civ. P. 26(g)(1).
3. Fed. R. Civ. P. 26(g)(1)(A).
4. Fed. R. Civ. P. 26(a)(4).