Federal Rule of Civil Procedure 26(a)(1) requires each party to disclose four categories of information without waiting for a discovery request. This is the federal "automatic discovery" step. Miss it and you're sanctioned under Rule 37(c)(1).

The four categories

(A) Witnesses

The name and, if known, the address and telephone number of each individual likely to have discoverable information — along with the subjects of that information — that the disclosing party may use to support its claims or defenses.

(B) Documents

A copy — or a description by category and location — of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.

(C) Damages computation

A computation of each category of damages claimed, plus the documents (not privileged) on which each computation is based.

(D) Insurance

For inspection and copying, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment.

Timing

Within 14 days after the FRCP 26(f) conference unless the court orders otherwise or a party objects in the joint Rule 26(f) report.

What "may use" means

The "may use" qualifier matters. You are not required to disclose witnesses or documents that you do not intend to use to support your claims or defenses. But the calculus is risky: if you don't disclose and later try to use, Rule 37(c)(1) excludes the evidence.

Supplementation duty

Under Rule 26(e), if you learn that a disclosure was incomplete or incorrect, you have an ongoing duty to supplement in a timely manner. "Timely" is generally before the close of discovery and well before any motion in limine deadline.

Common pitfalls

Listing "all corporate officers" instead of specific names — courts read "name" to mean names.
Underdisclosing damages categories ("emotional distress to be determined" doesn't comply).
Failing to identify the insurance carrier with enough specificity for opposing counsel to request the policy.
Treating the disclosure as a static document. Supplement as discovery progresses.

How Draftiro helps

Draftiro generates a Rule 26(a)(1) draft from your matter file, organizing witnesses by role, documents by category, and damages by claim. You review and serve. Supplementation reminders are calendared automatically based on discovery deadlines.

Related reading: the Rule 26(a)(1) initial disclosures and Rule 26(f) conference glossary entries, and how court-day math keeps the disclosure clock honest.