TITLE FIVE — DEPOSITION AND DISCOVERY
Rule 19.1. Required Initial Disclosures
Required Disclosures. Except in a proceeding exempted by Rule 19.1(6), and without awaiting a discovery request, a party shall serve upon every other party:
Witnesses. The username of each person likely to have discoverable information that the disclosing party may use to support its claims or defenses, together with the subjects of that information and, if known, any additional identifier by which the person may be reached in the proceeding communications or in game, unless the use would be solely for impeachment.
Documents and Electronically Stored Information. 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, unless the use would be solely for impeachment. A description by location shall identify the platform and the place on it where the material resides, including the server and channel of a Discord communication, the conversation in which a direct message resides, the in-game system that generated a record, and the trusted file hosting service on which a file is stored.
Computation of Damages. A computation of each category of damages claimed by the disclosing party, identifying the provision of law under which each category is claimed and the maximum recovery permitted for it, and stating separately compensatory and punitive damages. The disclosing party shall make available for inspection under Rule 26 the documents and other evidentiary material, not privileged or protected from disclosure, on which each computation is based, including material bearing on the nature and extent of the injuries suffered.
Insurance and Indemnity. For inspection under Rule 26, any agreement under which a person may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment, and, where the government or an officer of the government is a party, a statement whether the Solicitor General has undertaken the defense as provided by 7 R. Stat. § 122.005, has refused to defend as provided by 7 R. Stat. § 122.008, or has intervened as provided by 7 R. Stat. § 122.007.
Time for Initial Disclosures.
In General. A party shall make the disclosures required by Rule 19.1(1) within twenty-four (24) hours after the pre-trial conference under Rule 13 or, if no such conference is held, within forty-eight (48) hours after the last pleading directed to the claims of that party is served. A different time may be set by stipulation under Rule 22 or by order.
Parties Joined Later. A party first served or otherwise joined after the time fixed by Rule 19.1(2)(a) shall make its initial disclosures within twenty-four (24) hours after being served or joined, unless a different time is set by stipulation or order.
Objection. A party who contends that initial disclosures are not appropriate in the action shall state the objection at the conference under Rule 19(9) and in the proposed discovery plan. The court shall determine what disclosures, if any, are to be made and shall set the time for disclosure.
Basis for Disclosure; Unacceptable Excuses. A party shall 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, because it challenges the sufficiency of another party’s disclosures, or because another party has not made its disclosures.
Disclosure of Expert Testimony.
Time. Unless the parties stipulate or the court orders otherwise, the disclosures required by Rule 19(5)(a) and Rule 19(5)(b) shall be made not later than seventy-two (72) hours before the time set for trial. Evidence intended solely to contradict or rebut evidence on the same subject matter identified by another party under this subdivision shall be disclosed within twenty-four (24) hours after the other party’s disclosure.
Effect. A witness not disclosed as required by this subdivision shall not present evidence under Rid. R. Evid. 702 except as Rule 26.3(4) provides.
Pre-Trial Disclosures.
In General. In addition to the disclosures required by Rule 19.1(1) and Rule 19.1(4), a party shall serve upon every other party, and shall provide to the court, the following information about the evidence it may present at trial other than solely for impeachment:
the username of each witness, separately identifying those the party expects to present and those it may call if the need arises;
the designation of each witness whose testimony the party expects to present by deposition, identifying by time index or by transcript page the portions to be offered; and
an identification of each document, capture, recording, in-game record, or other exhibit, including any summary of other evidence, separately identifying those items the party expects to offer and those it may offer if the need arises.
Time; Objections. Unless the court orders otherwise, these disclosures shall be made not later than twenty-four (24) hours before the time set for trial. Within twelve (12) hours after they are made, a party may serve a list of objections to the use of a deposition designated under Rule 19.1(5)(a)(ii) and objections, with the grounds for each, to the admissibility of any item identified under Rule 19.1(5)(a)(iii). An objection not so made, except one under Rid. R. Evid. 402 or Rid. R. Evid. 403, is waived unless excused by the court for good cause.
Proceedings Exempt from Initial Disclosure. The following proceedings are exempt from the disclosures required by Rule 19.1(1):
a proceeding to enforce, quash, or modify a subpoena;
a proceeding ancillary to a proceeding in another court.
Form of Disclosures. Unless the court orders otherwise, every disclosure under this rule shall be in writing, signed as Rule 19(11) requires, and served as Rule 19(12) requires. A disclosure is not a filing and shall not be tendered to the electronic filing system except as Rule 19(12)(b) permits.