Rule 26(a)(1) disclosure hypos


  • P sues D, alleging that D was driving drunk.
  • In D’s answer, D denies driving drunk and asserts the affirmative defense that P was comparatively negligent.
  • D knows about witnesses W1, W2, and W3.
  • Which of the witnesses must D disclose?

Witnesses that D knows of:

  • W1: Would testify that D ran into P’s car.
  • W2: Would testify that 1) D was driving drunk; and 2) P was texting while driving.
  • W3: Would testify that D was not driving drunk

Posted Feb. 24, 2016