Any new documents after initial disclosure directions?

• A. The duty of disclosure is ended
• B. The duty of disclosure is ongoing and he must now file and serve an amended list of documents
• C. The duty of disclosure is ended after initial directions
• D. The documents are irrelevant to the case

Answer: (B)

There is a continuing duty to disclose documents in civil proceedings. Once initial disclosure directions have been given, you don’t stop disclosing; if new documents come to light or are created or come under your control after those directions, you must disclose them. The way this is done is by filing and serving an amended list of documents that reflects the new material. This keeps the evidence record accurate and ensures both sides can consider all potentially relevant material, avoiding unfair surprises later in the case. Documents that seemed irrelevant at first can become important, so the duty extends to updating the disclosure even with seemingly minor or newly found items. Failing to amend and disclose timely can lead to sanctions.