Civil Procedure Multistate Bar Practice Exam

Which of the following is NOT part of the required initial disclosures?

1. Insurance coverage

2. Witnesses who may testify

3. Documents to support claims

4. Computation of relief

The correct answer is: Witnesses who may testify

The correct answer identifies a choice that does not fall under the requirements for initial disclosures as outlined in the Federal Rules of Civil Procedure. Initial disclosures, as per Rule 26(a)(1), are aimed at providing parties with relevant information early in the litigation process to promote fair and efficient handling of disputes. Insurance coverage is relevant as it can affect the ability to satisfy any judgment. Similarly, the disclosure of documents that support claims is essential for both parties to prepare their cases adequately. Providing a computation of relief is critical for understanding what the plaintiff seeks in terms of damages. Witnesses who may testify do not fall under the required disclosures for initial disclosures. While parties will eventually have to identify their witnesses and provide witness lists, this specific requirement does not arise until later in the litigation process, particularly when it comes to preparing for trial or at a pretrial conference. Therefore, listing witnesses at the initial disclosure phase is not mandated, making this choice the one that correctly represents something that is not part of the required initial disclosures.