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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I am proceeding Pro Se in Federal Court on an age discrimination

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I am proceeding Pro Se in Federal Court on an age discrimination claim.

As this is my first time dealing with Civil Procedure I made my Initial Disclosures very much after the 14 days provided in rule. Is this a blunder that could have my case dismissed?

My name is XXXXX XXXXX I will be assisting you with your legal question.

While the court has the inherent power to sanction you by dismissing your case for failure to timely make the initial disclosures, it is HIGHLY unlikely that this will be what the court does, if the court in fact does anything. Further, the court will not do anything without being moved by another party (i.e., the other side has to file a motion). Being that this is the beginning of the case, it is unlikely there will be any sanction involved, as there is not any real prejudice to any of the other parties.

Did the other party makes its disclosures on time? Has the other party moved the court for sanctions on this issue?
Customer: replied 3 years ago.

Hi Zachary and thank you for jumping on my question!


Yes, the other party is a big employment law firm and naturally knows the procedures inside-out so made their disclosures on time. They have not moved for sanctions yet - but I have just mailed them my disclosures today over a month late.


Also, I sent them a letter with the amount of my claims in a demand letter earlier this year. So they did know at least that part of the initial disclosure requirement.



I think in your case you are likely going to see very little in the way of sanctions, and certainly not the "death penalty" of dismissing your case.

However, you need to carefully review the federal rules of civil procedure to keep on top of what the scheduling deadlines are. Also, the court will likely issue a docket control order/pretrial order which will provide other clarification on deadlines. Although the initial disclosures deadline is not something which is absolutely crucial, there are other deadlines which are crucial and which if you do not meet could either result in the exclusion of vital evidence or the dismissal of your case, so be careful.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
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