Section 6-2203 - Initial Disclosures(a) Unless the parties stipulate or the court orders otherwise, a party must disclose and provide the following to the other parties without awaiting a discovery request. (1) Potential Witnesses. The name and, if known, the address, telephone number, and email address of each individual likely to have nonprivileged information that the party may use to support its claims or defenses, unless the use would be solely for impeachment. For each such individual, the party must also provide the subjects of the information that the individual is likely to have.(2) Statements. Identification of a previous statement about the action or its subject matter that is in the party's possession, custody, or control and was made by any party or by any person not a party to the action. For each such statement, the party must state in its disclosure whether the party asserts that the statement is privileged or protected from disclosure, and if so, the basis for the assertion.(3) Documents. A copy 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.(4) Damages. A list of each category of damages, economic and noneconomic, claimed by the party. If the category involves economic damages, the party must also provide a computation of the amount of each category of economic damages and a copy of the discoverable documents on which each such computation is based. For noneconomic damages, the party shall only list the category of damages, but is not required to provide an amount of damages claimed.(i) In actions for the recovery of damages for a physical or mental injury or for injury to or loss of personal property, the term "category of damages" refers to the categories listed in NJI2d Civ. 4.00, which can be found as Appendix 5.(ii) In actions for the recovery of damages for a physical or mental injury, the party seeking the recovery of damages must (a) state the name and address of each health care provider who treated or examined the party for the injury and (b) provide a signed release that allows the opposing party to obtain from each such provider the party's medical records.(iii) The opposing party must give contemporaneous notice to the party who provided the release when the opposing party uses the release to obtain the party's medical records. The opposing party must also provide to all other parties, including the party who provided the release, a copy of all records obtained pursuant to the release. Any party who requests the opposing party to provide the records in nonelectronic form must pay the costs that the opposing party incurs in providing the records in that form.(iv) Any party receiving medical records pursuant to this subpart shall keep the records confidential and use them solely for purposes of the litigation. The requirement to keep the records confidential does not preclude the party from using the records at trial or in support of a motion. If necessary, pursuant to Neb. Ct. R. Disc. § 6-326(c), the court may enter an order that includes specific requirements for keeping the records confidential, for using them at trial or in support of a motion, and for destroying or deleting them.(5) Insurance. A defending party must provide a copy of the declarations page contained in 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. If coverage is or may be contested, the defending party must also provide a copy of the agreement and state the ground(s) on which coverage is or may be contested.(b) Format. Unless the court orders otherwise, the disclosures must be in writing and signed by the attorney or self-represented party. If a party has previously provided to other parties in writing any of the information that the party is required to include in its initial disclosures, instead of providing the information again, the party may state in its disclosures that the information was previously provided and shall indicate where the other parties can find the information in the previously provided materials.(c) Time. The disclosures must be served electronically within the following times. (1) A party serving a pleading that contains a claim for relief must serve its initial disclosures regarding the claim within 14 days after that party is served with the first responsive pleading to the claim. A defending party must serve its initial disclosures regarding a claim for relief within 28 days after that party serves a responsive pleading to the claim.(2) A party need only serve its initial disclosures on the parties that have appeared in the action. The party must serve a later-appearing party within 14 days of when the later-appearing party serves its first pleading.(d) Basis for Initial Disclosures; Unacceptable Excuses. A party must make its initial disclosures based on the information reasonably available to it at the time. 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.(e) Discovery. Unless the parties stipulate or the court orders otherwise, no discovery requests may be served before the parties have made their initial disclosures.Adopted December 8, 2021, effective 1/1/2022.