---
title: "Prepare a pretrial witness and exhibit index under Rule 26(a)(3)"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-a-navigable-hearing-bundle-index/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-P20260916-2-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

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

> 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.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-a-navigable-hearing-bundle-index/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Prepare a navigable hearing bundle index](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-a-navigable-hearing-bundle-index.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Evidence to be used solely for impeachment is outside Rule 26(a)(3)(A). Leave it off the index unless the lawyer says the court has ordered otherwise.
- The index is a working paper. The lawyer files the disclosure and remains responsible for it under Opinion 512.

## Sources

- [Federal Rule of Civil Procedure 26 (duty to disclose; pretrial disclosures)](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*