Duty to disclose; required disclosures

1.500(1) Initial disclosures. a. In general. Except as exempted by rule 1.500(1)(e) or 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, telephone numbers, and electronic mail address 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) 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. 1. Unless good cause exists for not doing so, copies of the documents or electronically stored information listed must be served with the disclosure. 2. If copies of any document or electronically stored information are not produced, the disclosing party must state the good cause for not producing the items and provide a description by category, location, and the name and address of the custodian of the document or electronically stored information. 3. A party who provides documents in disclosure must produce them as they are kept in the usual course of business. (3) A computation of each category of damages claimed by the disclosing party, who must also make available for inspection and copying as under rule 1.512 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; provided, however, that this rule 1.500(1)(a)(3) does not require disclosure of the exact dollar amounts claimed for noneconomic damages. (4) For inspection and copying as under rule 1.512, and notwithstanding rule 1.503(2), the declarations page of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment that may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment, and, in any action in which coverage is or may be contested, a copy of the agreement and all letters from the insurer to the insured regarding coverage. b. Claims for personal or emotional injury. Except as exempted by rule 1.500(1)(e) or as otherwise stipulated or ordered by the court, and in addition to the initial disclosures required by rule 1.500(1)(a), any party asserting a claim for damages for personal or emotional injuries must, without awaiting a discovery request, provide to the other parties: (1) The claimant’s full name and date of birth. (2) The claimant’s Medicare health insurance claim number (HICN). (3) The names and addresses of all doctors, hospitals, clinics, pharmacies, and other health care providers claimant consulted within five years prior to the date of injury up to the present date. (4) Legally sufficient written waivers allowing the opposing party to obtain those records subject to appropriate protective provisions authorized by rule 1.504. The opposing party must give contemporaneous notice to the claimant when the opposing party uses the waivers to obtain records and must provide a copy of all records obtained by waiver to the claimant and all other parties. Any party who requests that the opposing party produce these records in nonelectronic form must bear the opposing party’s costs of producing them in that form. c. Claims for lost time or earning capacity. Except as exempted by rule 1.500(1)(e) or as otherwise stipulated or ordered by the court, and in addition to the initial disclosures required by rule 1.500(1)(a), any party asserting a claim for damages for lost time or lost earning capacity must, without awaiting a discovery request, provide to the other parties: (1) The claimant’s federal and state income tax returns for the five years prior to the date of disclosure. (2) The names and addresses of all persons by whom the claimant has been employed for the five years prior to the date of disclosure. July 2023 CIVIL PROCEDURE Ch 1, p.33 (3) Legally sufficient written waivers allowing the opposing party to obtain the claimant’s personnel files and payment histories from each employer subject to appropriate protective provisions authorized by rule 1.504. 1. The opposing party must give contemporaneous notice to the claimant when the opposing party uses the waiver to obtain records and must provide a copy of all records obtained by waiver to the claimant and all other parties. 2. Any party who requests that the opposing party produce these records in nonelectronic form must bear the opposing party’s costs of producing them in that form. d. Domestic relations proceedings. (1) Except as otherwise stipulated or ordered by the court and in lieu of the initial disclosures required by rule 1.500(1)(a), in domestic relations actions involving any contested claim, including divorce, custody, modification, and paternity actions, each party must, without awaiting a discovery request, provide to the other party copies of the following: 1. Paystubs or other documentation showing the party’s income from all sources, deductions for federal and state taxes, health insurance premiums, union dues, and mandatory pension withholdings for the past six months. If children are involved, the party providing health insurance must provide a breakdown of the cost of an individual health insurance plan and the cost of a family plan. 2. The party’s federal and state income tax returns, including all schedules and W-2’s, for the three most recent years if not in the possession of the other person. 3. A current financial affidavit, including a description of all assets and liabilities. 4. Statements of account or other documentation to support the assets or liabilities listed in the financial affidavit. (2) If the action is a modification case or an unmarried custody case, the parties must provide only the information contained in rules 1.500(1)(d)(1)(1) and 1.500(1)(d)(1)(2). e. Proceedings exempt from initial disclosure. Unless otherwise ordered by the court or agreed to by the parties, the requirements of rules 1.500(1)(a) through (d) do not apply to the following: (1) Actions for certiorari or for judicial review of administrative agency actions under Iowa Code chapter 17A. (2) Actions for forcible entry and detainer. (3) Domestic relations proceedings in which there are no contested claims. (4) Adoption proceedings, name change proceedings, actions under Iowa Code chapter 236, and actions initiated by Child Support Services. (5) Foreclosure proceedings in which there are no contested claims. (6) Actions for postconviction relief or any other proceeding to challenge a criminal conviction or sentence. (7) Probate proceedings in which there are no contested claims. (8) Juvenile proceedings. (9) Mental health proceedings. (10) Actions under Iowa Code chapters 225, 229, and 229A. (11) Actions to enforce an arbitration award or an out-of-state judgment. (12) Small claims proceedings under Iowa Code chapter 631. f. Time for initial disclosures in general. Except in domestic relations proceedings, a party must make the initial disclosures at or within 14 days after the parties’ rule 1.507 discovery 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 the 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. In domestic relations proceedings, a party must make the initial disclosures within 60 days of filing of the petition unless a different time is set by stipulation or court order or unless the court, upon motion, relieves the parties from the obligation to provide initial disclosures. g. Time for initial disclosures for parties served or joined later. A party who is first served or otherwise joined after the rule 1.507 discovery 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. h. Basis for initial disclosure; unacceptable excuses. A party must make the initial disclosures based on the information then reasonably available to the party. A party is not excused from making the disclosures because the party has not fully investigated the case, because the party challenges the Ch 1, p.34 CIVIL PROCEDURE July 2023 sufficiency of another party’s disclosures, because another party has not made that party’s disclosures, or because the information is in the possession, custody, or control of the party’s insurance carrier. COMMENT: