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Rule 26.2.Disclosures in personal injury actions.

(a) Scope. This rule applies to all actions seeking damages arising outof personal physical injuries or physical sickness.

(b) Plaintiff'sadditional initial disclosures. Except to the extent that plaintiff moves for a protectiveorder, plaintiff?s Rule 26(a)disclosures shall also include:

(b)(1) A list of all health care providers who have treatedor examined the plaintiff for the injury at issue, including the name, address,approximate dates of treatment, and a general description of the reason for thetreatment.

(b)(2) A list of all other health care providers who treatedor examined the plaintiff for any reason in the 5 years before the event givingrise 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 (SSN) or Medicarehealth insurance claim number (HICN), full name, and date of birth. The SSN andHICN may be used only for the purposes of the action, including compliance withthe Medicare, Medicaid, and SCHIP Extension Act of 2007, unless otherwiseordered by the court.

(b)(4) A description of all disability or income-replacementbenefits received if loss of wages or loss of earning capacity is claimed,including the amounts, payor's name and address, and the duration of thebenefits.

(b)(5) A list of plaintiff?s employers for the 5 yearspreceding the event giving rise to the claim if loss of wages or loss ofearning capacity is claimed, including the employer?s name and address andplaintiff?s job description, wage, and benefits.

(b)(6) Copies of all bills, statements, or receipts formedical care, prescriptions, or other out-of-pocket expenses incurred as aresult of the injury at issue.

(b)(7) Copies of all investigative reports prepared by anypublic official or agency and in the possession of plaintiff or counsel that describethe 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 possessionof plaintiff or counsel, regarding the event giving rise to the claim or thenature or extent of the injury.

(c) Defendant'sadditional disclosures. Defendant?s Rule 26(a)disclosures shall also include:

(c)(1) A statement of the amount of insurance coverageapplicable to the claim, including any potential excess coverage, and anydeductible, self-insured retention, or reservations of rights, giving the nameand address of the insurer.

(c)(2) Unless the plaintiff makes a written request for acopy of an entire insurance policy to be disclosed under Rule26(a)(1)(D), it is sufficient for the defendant to disclose a copy of the declarationpage or coverage sheet for any policy covering the claim.

(c)(3) Copies of all investigative reports, prepared by anypublic official or agency and in the possession of defendant, defendant?sinsurers, 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 possessionof defendant, defendant?s insurers, or counsel, regarding the event giving riseto the claim or the nature or extent of the injury.

(c)(5) The information required by Rule 9(l).

AdvisoryCommittee Note