602-274-9662

Sample Plaintiff Initial Disclosure Statement

{LAW FIRM NAME}
{Address}
{City}, {State} {ZIP}
{Telephone:}
{Facsimile: }

{Lawyer Name (Bar No.)}
Email: {}

Attorney for Plaintiff

In the Superior Court of the state of Arizona
In and for the County of Maricopa

[],

Plaintiff,

v.

[],

Defendants.

Case No.: ____________________________

 

PLAINTIFF’S INITIAL RULE 26.1 DISCLOSURE STATEMENT

 

 

Plaintiff, by and through undersigned counsel, pursuant to Rule 26.1, Arizona Rules of Civil Procedure, hereby discloses the following information:

This Disclosure Statement is based upon investigation conducted and made available to undersigned counsel, as of this date.  Further investigation and discovery may be necessary and the product of such may result in new or different witnesses, exhibits, and issues relating to causation and damages. Therefore, this Disclosure Statement is not intended to be a complete statement of Plaintiff’s theories, witnesses or exhibits; rather, it is an initial assessment of same, subject to ongoing supplementation. Should any attempt be made to utilize the contents of this pleading before a jury, fairness requires that this preliminary statement also be read to the jury and that the jury be duly informed that the evidence therein was evidence available at the time of its filing.

I. FACTUAL BASIS OF THE DEFENSE

The accident giving rise to this case took place on [] at approximately [] p.m. at or near [] and [] in [], Arizona. [Insert factual description of accident.]

II. LEGAL THEORY

[Insert legal basis of lawsuit including specific statutory and common case law supporting allegations that expands and gives more detail than the allegations listed in the Complaint.]

III. WITNESSES

  1. [Plaintiff]

It is anticipated Plaintiff will testify regarding [his/her] recollection of the accident and any conversations she had with the parties, witnesses and investigating police. Plaintiff is also expected to testify regarding the facts and circumstances surrounding the subject accident, as well as to the nature, duration and extent of her injuries sustained. [Also, list more detailed and specific testimony as required by the Arizona Rules of Civil Procedure.]

  1. [Defendant]

It is anticipated Defendant will testify regarding [his/her] recollection of the accident and any conversations she had with the parties, witnesses and investigating police. [Also, list more detailed and specific testimony as required by the Arizona Rules of Civil Procedure.]

  1. Any and all witnesses to the subject accident, if discovered. Plaintiff will supplement the names and specific testimony if it is learned, through the course of discovery, there are any eyewitnesses to the accident other than the parties themselves.
  2. Without waving objection, any and all of Plaintiff’s health care providers and treating physicians, before and following the subject accident.
    1. []
    2. []
    3. []

It is anticipated that the above-named individuals or representatives of the above-named facilities will testify with regard to the treatment provided to Plaintiff, both before and after the subject accident.  It is expected they may also comment on the reasonableness and necessity of the treatment received and expenses incurred. Further, they may comment on any diagnosis or prognosis made with regard to Plaintiff’s conditions related to the accident.

  1. Any and all custodians of record or other witnesses who are needed to establish a foundation for exhibits listed to be used at the time of arbitration or trial.
  2. Without waiving any objections, any and all witnesses listed by Defendant in [his/her] disclosure statement and all supplements even if later withdrawn.

IV. ADDITIONAL PERSONS HAVING RELEVANT INFORMATION

At this time, Plaintiff is unaware of any additional persons believed to have relevant information. Should such persons come to Plaintiff’s attention through the course of further discovery, Plaintiff will promptly supplement this Disclosure Statement.

V. PERSONS WHO HAVE GIVEN STATEMENTS

At this time, Plaintiff is unaware of any persons who have given statements. Should such persons come to Plaintiff’s attention through the course of further discovery, Plaintiff will promptly supplement this Disclosure Statement.

VI. ANTICIPATED SUBJECT AREAS OF EXPERT TESTIMONY

Plaintiff anticipates obtaining testimony from treating and/or expert medical specialists concerning the Plaintiff’s injuries, an accident reconstructionist, biomechanical expert or any other expert to render an opinion regarding the proximate cause of the accident and the forces involved. Plaintiff further reserves the right to elicit expert opinions from the witnesses listed by Defendant and to retain an expert to rebut any opinions proffered by Defendant’s experts.

VII. COMPUTATION AND MEASURE OF DAMAGES

Medical Special Damages [attach billing statements]:                $

Lost Wages [attach income/wage loss verification]:                   $

Future Medical Expenses [need expert opinion]                          $

Future Impairment to Earn Income [need expert opinion]         $

VIII. EXHIBITS TO BE USED AT TRIAL

  1. Accident/Investigation Report.
  2. Post-accident photographs of Plaintiff’s vehicle.
  3. Post-accident photographs of Defendants’ vehicle.
  4. All medical records and itemized billing statements pertaining to Plaintiff incurred as a result of the subject accident.
  5. Plaintiff’s employment records, income tax returns, and W-2s for the past five (5) years [showing income/wage loss].
  6. Plaintiff reserves the right to create demonstrative aids for use at arbitration or trial and move into evidence any courtroom exhibits.
  7. Without waiving objection, any and all exhibits listed by Defendant in [his/her] Disclosure Statement and any supplements.
  8. Any and all responses to discovery that have been generated in this matter and any responses generated in the future, including, but not limited to, Answers to Interrogatories, Responses to Requests for Production of Documents, and Requests for Admissions, and all documents gained through authorization or subpoena.
  9. Without waiving objection, any and all deposition transcripts generated in this matter including any and all exhibits.
  10. Without waiving objection, any and all pleadings, discovery responses and other tangible documents produced, served, exchanged or filed in the course of this litigation.
  11. The report and curriculum vitae of any experts in this matter.
  12. Plaintiff reserves the right to supplement exhibits as more become available.

IX. ADDITIONAL DOCUMENTS

  1. At this time, Plaintiff is unaware of any additional documents. However, if additional documents are discovered between the date of this Disclosure Statement and the time of trial, Plaintiff will supplement [his/her] Disclosure Statement in a timely manner.
  2. [Defendant required to disclose the Declaration page for each applicable insurance policy that provided coverage to Defendant.]

X. RELEVANT INSURANCE INFORMATION

  1. [Not Applicable to Plaintiff]
  2. [Defendant is required to disclose the liability policy limits that were available and in force at the time of the subject accident.]

DATED this ____ day of _____________, _____.

 

 

 

{law firm name}

{NAME OF ATTORNEY}

{Law Firm Address}

{City} {Arizona}, {Zip}

Attorney for Plaintiff

 

 

ORIGINAL of the foregoing mailed this

____ day of ___________ 20__, to:

 

{Name of Opposing Counsel}

{Address}

{City}, {State} {Zip}

Attorney for Defendant

 

By ___________________________________