Rule 26.2 Disclosures in personal injury actions.
(a) Scope. This rule applies to all actions seeking damages arising
out of personal physical injuries or physical sickness.
(b) Plaintiff's additional initial disclosures. Except to the extent
that plaintiff moves for a protective order, plaintiff’s Rule 26(a) disclosures
shall also include:
(b)(1) A list of
all health care providers who have treated or examined the plaintiff for the
injury at issue, including the name, address, approximate dates of treatment,
and a general description of the reason for the treatment.
(b)(2) A list of
all other health care providers who treated or examined the plaintiff for any
reason in the 5 years before the event giving rise to the claim, including the
name, address, approximate dates of treatment, and a general description of the
reason for the treatment.
(b)(3) Plaintiff’s
Social Security number or Medicare health insurance claim number (HICN), full name, and date of birth.
(b)(4) A
description of all disability or income-replacement benefits received if loss
of wages or loss of earning capacity is claimed, including the amounts, payor's name and address, and the duration of the benefits.
(b)(5) A list of
plaintiff’s employers for the 5 years preceding the event giving rise to the
claim if loss of wages or loss of earning capacity is claimed, including the
employer’s name and address and plaintiff’s job description, wage, and
benefits.
(b)(6) Copies of
all bills, statements, or receipts for medical care, prescriptions, or other
out-of-pocket expenses incurred as a result of the injury at issue.
(b)(7) Copies of
all investigative reports prepared by any public official or agency and in the
possession of plaintiff or counsel that describe the event giving rise to the
claim.
(b)(8) Except as
protected by Rule 26(b)(5), copies of all written or recorded statements of
individuals, in the possession of plaintiff or counsel, regarding the event giving
rise to the claim or the nature or extent of the injury.
(c) Defendant's additional disclosures. Defendant’s Rule 26(a)
disclosures shall also include:
(c)(1) A
statement of the amount of insurance coverage applicable to the claim,
including any potential excess coverage, and any deductible, self-insured
retention, or reservations of rights, giving the name and address of the
insurer.
(c)(2) Unless
the plaintiff makes a written request for a copy of an entire insurance policy
to be disclosed under Rule 26(a)(1)(D), it is sufficient for the defendant to
disclose a copy of the declaration page or coverage sheet for any policy
covering the claim.
(c)(3) Copies of
all investigative reports, prepared by any public official or agency and in the
possession of defendant, defendant’s insurers, or counsel, that describe the
event giving rise to the claim.
(c)(4) Except as
protected by Rule 26(b)(5), copies of all written or recorded statements of
individuals, in the possession of defendant, defendant’s insurers, or counsel,
regarding the event giving rise to the claim or the nature or extent of the
injury.
(c)(5) The information
required by Rule 9(l).
(d) All
non-public information disclosed under this rule shall be used only for the
purposes of the action, unless otherwise ordered by the court.