Legal IDD Form

LEGAL IDD FORM

This Initial Disclosure Document (the "IDD") is executed between Disclosing Party Name: and Recipient Party Name: , Case Number: , Jurisdiction: . Effective Date: .

RECITALS

WHEREAS, Disclosing Party possesses information, documents, tangible things and other materials relevant to the subject matter of the dispute identified above; and

WHEREAS, Recipient requires an organized statement of initial disclosures to permit the orderly exchange of information consistent with applicable procedural rules and to avoid unfair surprise at trial; and

WHEREAS, the parties intend that this IDD will set forth the initial disclosures, document production protocol, privilege reservations, and certifications required to meet the obligations of disclosure and to preserve claim and defense positions.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this IDD the following terms shall have the following meanings: "Document" means all written, recorded or graphic material in the possession, custody, or control of a party including electronically stored information; "Disclosure" and "Disclose" mean production of documents, identification of witnesses, and provision of information required by this IDD; "Privileged Material" means any Document or communication protected from disclosure by attorney-client privilege, work-product doctrine, or other recognized privilege.

2. SCOPE OF INITIAL DISCLOSURES

Disclosing Party shall provide the following initial disclosures, subject to applicable privileges and as limited by court order or agreement of the parties:

2.1 Witnesses

The following individuals are likely to have discoverable information that Disclosing Party may use to support its claims or defenses. For each individual, state name, contact information, and a brief description of subject matter of expected testimony.

3. DOCUMENTS TO BE PRODUCED

Disclosing Party will produce non-privileged Documents responsive to reasonable requests. For each production entry, identify the description, date or date range, Bates range if assigned, and whether production is complete or ongoing.

4. PRIVILEGE AND WITHHOLDING

Disclosing Party may withhold Documents on the basis of privilege or protection. Any withholding shall be accompanied by a privilege log describing each withheld item with sufficient detail to permit a meaningful challenge, including date, author, recipient(s), general subject matter, and asserted privilege.

5. CONFIDENTIALITY AND USE

Documents produced under this IDD are provided for the purpose of this litigation and may be designated confidential by either party. Designation of confidentiality does not waive any privilege. Recipient shall use Confidential Material solely for purposes of the prosecution, defense, or resolution of the current matter and shall not disclose Confidential Material to third parties except as authorized by law or court order.

6. PRESERVATION OF EVIDENCE

Each party represents that it has taken reasonable steps to preserve potentially relevant documents, electronically stored information, and tangible things. The obligations to preserve extend to custodians reasonably likely to have discoverable information and to systems reasonably likely to contain relevant ESI.

7. CERTIFICATION

By signing below, Disclosing Party certifies, to the best of its knowledge after a reasonable inquiry, that the disclosures and productions described in this IDD are complete and correct as of the Effective Date, and that any information subsequently discovered that materially alters these disclosures will be timely supplemented in accordance with applicable rules.

8. NOTICES

Notices required by this IDD shall be given in writing to the addresses below and shall be effective upon personal delivery, electronic transmission with confirmation, or three business days after deposit in the United States mail, postage prepaid.

9. AMENDMENTS AND SUPPLEMENTATION

The parties agree to supplement or amend disclosures promptly upon discovery of additional information or documents that materially affect previously provided disclosures. Failure to supplement may subject the non-complying party to motion practice and sanctions upon a showing of prejudice.

10. MISCELLANEOUS

Governing Law: This IDD shall be governed by and construed in accordance with the substantive law of the jurisdiction identified in the caption, without regard to conflict of law principles.

Entire Agreement: This IDD constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, understandings and communications, whether written or oral, relating to initial disclosures and document production.

Severability: If any provision of this IDD is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be enforceable to the fullest extent permitted by law.

Waiver: No waiver of any breach of this IDD shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by the party granting the waiver.

Counterparts: This IDD may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic or facsimile signatures shall be treated as originals.

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