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 (SSN) or Medicare health insurance
claim number (HICN), full name, and date of birth.
The SSN and HICN may be
used only for the purposes of the action, including compliance with the
Medicare, Medicaid, and SCHIP Extension Act of 2007, unless otherwise ordered
by the court.
(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).