Prepare a pretrial witness and exhibit index under Rule 26(a)(3)

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the documents and witnesses the lawyer marks for possible trial use, build an index that separately lists those the party expects to offer and those it may offer if the need arises. Do not decide admissibility and do not file the disclosure.

What the lawyer must review

Federal Rule of Civil Procedure 26(a)(3)(A) requires a party, in addition to the initial and expert disclosures, to provide to the other parties and promptly file information about the evidence it may present at trial other than solely for impeachment: each witness's name and, if not previously provided, address and telephone number, separately identifying witnesses the party expects to present and those it may call if the need arises; the deposition designations, with a transcript of the pertinent parts if the deposition was not taken stenographically; and each document or other exhibit, including summaries of other evidence, with the same expected and if-the-need-arises split. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file objections to the use under Rule 32(a) of a designated deposition and objections to the admissibility of the identified materials. An objection not so made, except one under Federal Rule of Evidence 402 or 403, is waived unless the court excuses it for good cause. The lawyer decides what is offered, signs the disclosure, and checks the assigned judge's pretrial order, which can change the schedule.

Written for / version

United States versionUS