§ 6-2203.Initial disclosures.

Article 22: Rules for County Court Expedited Civil Actions · Last amended January 1, 2022 · Last verified July 22, 2026

In one sentence§ 6-2203 requires every party in an expedited action to hand over witnesses, prior statements, supporting documents, a damages breakdown, and, for defendants, insurance information automatically and on a fixed schedule, without waiting for a discovery request, and bars any discovery request before that exchange happens.

Full Text of § 6-2203

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Unless the parties stipulate or the court orders otherwise, a party must disclose and provide the following to the other parties without awaiting a discovery request.

(1) Potential Witnesses. The name and, if known, the address, telephone number, and email address of each individual likely to have nonprivileged information that the party may use to support its claims or defenses, unless the use would be solely for impeachment. For each such individual, the party must also provide the subjects of the information that the individual is likely to have.

(2) Statements. Identification of a previous statement about the action or its subject matter that is in the party’s possession, custody, or control and was made by any party or by any person not a party to the action. For each such statement, the party must state in its disclosure whether the party asserts that the statement is privileged or protected from disclosure, and if so, the basis for the assertion.

(3) Documents. A copy of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.

(4) Damages. A list of each category of damages, economic and noneconomic, claimed by the party. If the category involves economic damages, the party must also provide a computation of the amount of each category of economic damages and a copy of the discoverable documents on which each such computation is based. For noneconomic damages, the party shall only list the category of damages, but is not required to provide an amount of damages claimed.

(a) In actions for the recovery of damages for a physical or mental injury or for injury to or loss of personal property, the term “category of damages” refers to the categories listed in NJI2d Civ. 4.00, which can be found as Appendix 5.

(b) In actions for the recovery of damages for a physical or mental injury, the party seeking the recovery of damages must (a) state the name and address of each health care provider who treated or examined the party for the injury and (b) provide a signed release that allows the opposing party to obtain from each such provider the party’s medical records.

(c) The opposing party must give contemporaneous notice to the party who provided the release when the opposing party uses the release to obtain the party’s medical records. The opposing party must also provide to all other parties, including the party who provided the release, a copy of all records obtained pursuant to the release. Any party who requests the opposing party to provide the records in nonelectronic form must pay the costs that the opposing party incurs in providing the records in that form.

(d) Any party receiving medical records pursuant to this subpart shall keep the records confidential and use them solely for purposes of the litigation. The requirement to keep the records confidential does not preclude the party from using the records at trial or in support of a motion. If necessary, pursuant to Neb. Ct. R. Disc. § 6-326(c), the court may enter an order that includes specific requirements for keeping the records confidential, for using them at trial or in support of a motion, and for destroying or deleting them.

(5) Insurance. A defending party must provide a copy of the declarations page contained in any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. If coverage is or may be contested, the defending party must also provide a copy of the agreement and state the ground(s) on which coverage is or may be contested.

(B) Format. Unless the court orders otherwise, the disclosures must be in writing and signed by the attorney or self-represented party. If a party has previously provided to other parties in writing any of the information that the party is required to include in its initial disclosures, instead of providing the information again, the party may state in its disclosures that the information was previously provided and shall indicate where the other parties can find the information in the previously provided materials.

(1) A party serving a pleading that contains a claim for relief must serve its initial disclosures regarding the claim within 14 days after that party is served with the first responsive pleading to the claim. A defending party must serve its initial disclosures regarding a claim for relief within 28 days after that party serves a responsive pleading to the claim.

(2) A party need only serve its initial disclosures on the parties that have appeared in the action. The party must serve a later-appearing party within 14 days of when the later-appearing party serves its first pleading.

(D) Basis for Initial Disclosures; Unacceptable Excuses. A party must make its initial disclosures based on the information reasonably available to it at the time. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

(E) Discovery. Unless the parties stipulate or the court orders otherwise, no discovery requests may be served before the parties have made their initial disclosures.

End

Amendment History

§ 6-2203 adopted December 8, 2021, effective January 1, 2022.

Plain-English Summary

§ 6-2203 replaces the usual wait-for-a-discovery-request approach with automatic disclosure. Unless the parties agree or the court orders otherwise, every party has to hand over, without being asked: the name and contact information of anyone likely to have nonprivileged information supporting a claim or defense, other than pure impeachment witnesses, any prior statement about the case in the party’s possession, copies of supporting documents and electronically stored information, a breakdown of each category of damages claimed, with a computation and supporting documents for economic damages, and, for a defending party, the declarations page of any relevant insurance policy along with the basis for any coverage dispute.

Personal-injury claims carry extra structure. A party seeking damages for physical or mental injury has to name every treating health care provider and sign a release letting the opposing side get the medical records, and the opposing side has to notify the injured party when it uses that release and share copies of whatever records it obtains. Anyone who wants paper copies instead of electronic ones pays the extra cost of producing them that way, and every party receiving medical records has to keep them confidential and use them only for the litigation, subject to a protective order if one becomes necessary.

Timing runs off the pleadings rather than a discovery cutoff: a party asserting a claim serves its disclosures within 14 days after being served with the first responsive pleading to that claim, and a defending party serves its disclosures within 28 days after it serves that responsive pleading. Disclosures only have to go to parties who have already appeared in the case, and once a new party appears, the parties that already served their disclosures must serve them on that later-appearing party within 14 days after it serves its first pleading. None of this is optional based on how far along the investigation is — a party cannot excuse late or incomplete disclosures by pointing to its own unfinished homework or someone else’s shortfalls. And critically, no one can send a discovery request at all until the initial disclosures are done, unless the parties agree or the court says otherwise.

Frequently Asked Questions

Do I have to wait for the other side to ask before turning over documents and witness names?

No. Unless the parties stipulate or the court orders otherwise, this information must be disclosed automatically, without a discovery request.

What has to be in my initial disclosure about damages?

A list of each category of damages claimed, with a computation and supporting documents for economic damages, and just the category, without a dollar amount, for noneconomic damages.

How does the medical-records release work in a personal injury expedited case?

The party claiming injury names each treating provider and signs a release; the opposing party gives notice when it uses the release and shares copies of the records it obtains, and the recipient must keep the records confidential.

When are initial disclosures due after I file my answer?

A defending party must serve its initial disclosures within 28 days after serving its responsive pleading to the claim; the party asserting the claim serves its disclosures within 14 days after being served with that responsive pleading.

Can I serve interrogatories or requests for production before making my own disclosures?

No, unless the parties stipulate or the court orders otherwise, no discovery requests may be served before the parties have made their initial disclosures.

What if my initial disclosures are incomplete because I have not finished investigating?

The rule does not excuse that. A party must make its disclosures based on information reasonably available at the time, regardless of whether its investigation is complete.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source

Also known as: initial disclosures expedited civil action nebraskamandatory disclosure county court nebraska6-2203 nebraska rulemedical records release expedited actiondamages disclosure requirement nebraskadiscovery before disclosures expedited civil action