Under the duty to disclose, which documents must be provided?

• A. Documents adversely affecting their own case
• B. Documents adversely affecting another party's case
• C. Documents supporting another party's case
• D. All of the above

Answer: (D)

Under the disclosure duty, you reveal every document in your control that could influence the outcome of the case. This includes documents that may undermine your own position, as well as those that could undermine another party’s position or support that party’s case. The idea is to prevent surprises and give the court a full picture. So you must disclose documents that harm you, documents that harm another party, and documents that support another party’s case. That makes all of the above the correct approach.