Do you have to disclose information you already know?

• A. Yes
• B. No
• C. Only if asked
• D. Only for damages

Answer: (B)

The idea being tested is that discovery rules are about sharing information that the other side wouldn’t reasonably know, not about forcing you to disclose every fact you personally remember. You don’t have an obligation to reveal every piece of information you already know simply because you know it. The duty to disclose is defined by the rules and the categories they require (and the duty to supplement when new information arises). If a fact is already known to you and isn’t required to be disclosed under those rules, you don’t have to disclose it again. You must disclose or supplement information only as the rules require or if you obtain new information that affects your previous disclosures—not just because you already knew something before discovery began.