Initial disclosure Flashcards
A plaintiff corporation filed an antitrust action against two defendant corporations in federal district court. The action seeks damages based on the defendants’ allegedly conspiring to fix prices in violation of federal antitrust statutes. The plaintiff has in its possession three internal memoranda written by key officers of the defendants that indicate that the defendants in fact were conspiring to fix prices.
Absent an applicable discovery request from the defendants, must the plaintiff disclose to the defendants the plaintiff’s knowledge and possession of the memoranda?
Yes, because the plaintiff must disclose without any request all documents in its possession that it may use as evidence to support its claim.
party must only produce documents relevant to its own claims or defenses.
However, if the other party asks for it must give it up if it is not privileged
