5.7 - Supplementation of Discovery Responses

(a) Generally

A party who has responded to a request for discovery with a response that was complete at the time that it was made generally does not need to supplement that response with information acquired thereafter.

(b) Exceptions

A party is required to supplement a previous discovery response under the following circumstances:

  • A party must timely supplement a response with respect to any question directly addressed to:
    • the identity and location of persons having knowledge of discoverable matters; and
    • the identity of each person expected to be called as an expert witness at the hearing, the subject matter on which the expert is expected to testify, and the substance of the testimony.
  • A party must timely amend a prior response if the party later obtains information upon the basis of which the party knows the response:
    • was incorrect when made; or
    • though correct when made, is no longer true and the circumstances are such that a failure to amend the response may constitute knowing concealment.
Updated July 31, 2022