R. 4:103-1. — Initial Disclosures

a. Required Disclosures. Except as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:

1. the name and, if known, the address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

2. a copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

3. a computation of each category of damages claimed by the disclosing party - who must also make available for inspection and copying as under Rules 4:18 and 4:104-5(a) the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and

4. for inspection and copying as under Rules 4:18 and 4:104-5(a), any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.

b. Time for Initial Disclosures.

1. In General. A party must make the initial disclosures at or within 14 days after the parties’ R. 4:103-2 conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the proposed discovery plan. In ruling on the objection, the court must determine what disclosures, if any, are to be made and must set the time for disclosure.

2. For Parties Served or Joined Later. A party that is first served or otherwise joined after the R. 4:103-2 conference must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order.

c. Basis for Initial Disclosure; Unacceptable Excuses. A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

d. Format of Initial Disclosures. Unless the court orders otherwise, all initial disclosures under this rule must be in writing, signed, and served. The requirements of R. 4:104-8 shall apply to initial disclosures. The failure to provide compliant initial disclosures may lead to sanctions in the court’s discretion.