United States · Federal civil procedure
When must witnesses, deposition designations and trial exhibits be disclosed?
Unless the court orders otherwise, Rule 26(a)(3) pretrial disclosures must be made at least thirty days before trial. They identify the stated witnesses, deposition use and documents or exhibits, separately showing expected and possible use. Solely impeachment evidence is excluded from this disclosure requirement. This guide publishes no calculated date.
- Period
- At least thirty days before trial unless the court orders otherwise
- Trigger
- The actual trial date after checking the controlling court order
- Rule
- FRCP 26(a)(3)(B)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The default is a minimum lead time subject to an actual different court order. This guide does not establish the actual trial schedule or present one universally controlling date.
FRCP 26(a)(3)(B)What lawyers say
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Which event starts this procedure?
Establish the actual trial date and read any court order setting another disclosure time.
Identify the listed witnesses, deposition designations and documents or exhibits within Rule 26(a)(3)(A).
Separate material intended solely for impeachment and preserve actual service and prompt filing.
FRCP 26(a)(3)(B)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish the actual future event and applicable minimum lead time. Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time. This guide does not present the minimum as the only permissible action date.
Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time.
FRCP 6(a)(1)Why is no automated date published?
The default is a minimum lead time subject to an actual different court order. This guide does not establish the actual trial schedule or present one universally controlling date.
Which conditions change the assessment?
- Required evidence categories
- Rule 26(a)(3)(A) identifies witnesses, designated deposition testimony and documents or exhibits, separately showing expected and possible use where specified.
- Solely impeachment
- The requirement concerns evidence the party may present other than solely for impeachment. Do not silently merge that scope with expert disclosure.
- Different order and later objections
- The court may order another disclosure time. Objections under subsection (B) are a separate forward procedure after disclosures are made.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Does the default replace a different court disclosure order?
No. Subsection (B) begins unless the court orders otherwise.
FRCP 26(a)(3)(B)Are disclosure and objection the same deadline?
No. The later objection branch runs after disclosures are made and has separate court-time and waiver conditions.
FRCP 26(a)(3)(B)Must the disclosures only be filed?
No. Subsection (A) requires provision to the other parties and prompt filing. Subsection (4) ordinarily requires writing, signature and service.
FRCP 26(a)(3)(B)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCP 26(a)(3)(B) | This actor, required act, operative event and period |
| FRCP 26(a)(3)(A) and (4) | Required evidence categories and disclosure form |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |