DISCLOSURE
disclosure,n.1. The act or process of making known something that was previously unknown;
a revelation of facts <a lawyer’s disclosure of a conflict of interest>. See DISCOVERY.
defensive disclosure.See DEFENSIVE DISCLOSURE.
full disclosure.A complete revelation of all material facts.
public disclosure of private facts.The public revelation of some aspect of a person’s private
life without a legitimate public purpose. • The disclosure is actionable in tort if the disclosure
would be highly objectionable to a reasonable person. See INVASION OF PRIVACY. [Cases:
Torts 8.5(5.1). C.J.S. Right of Privacy and Publicity §§ 17, 20–21, 23–27, 31, 33, 40–41.]
voluntary disclosure of offense.A person’s uncoerced admission to an undiscovered crime. •
Under the federal sentencing guidelines, a lighter sentence may be allowed. See USSG 5K2.16.
2. The mandatory divulging of information to a litigation opponent according to procedural
rules. — Also termed compulsory disclosure; automatic disclosure. See DISCOVERY(2). [Cases:
Federal Civil Procedure 1261; Pretrial Procedure 11. C.J.S. Discovery §§ 2–4, 6–7; Pretrial
Procedure §§ 2–6.] — disclose,vb. — disclosural,adj.“Rule 26(a) [of the Federal Rules of Civil
Procedure] reflects a shift away from the traditional method of obtaining discovery through the
service of written demands toward requiring automatic disclosure by the parties of information
that would invariably be requested. The goal of automatic disclosure is the creation of a more
efficient and expeditious discovery process…. Rule 26(a)(1) provides for the initial disclosure of
specified information relating to witnesses, documents, and insurance agreements. Rule 26(a)(2)
provides for the disclosure of information regarding experts who may be used at trial. Rule 26(a)(3)
provides for specified pretrial disclosures regarding witnesses, evidence, and objections.” Jay E.
Grenig & Jeffrey S. Kinsler, Handbook of Federal Civil Discovery and Disclosure § 1.15, at
65–66 (2d ed. 2002).
accelerated disclosure.See accelerated discovery under DISCOVERY.
initial disclosure.Civil procedure. In federal practice, the requirement that parties make
available to each other the following information without first receiving a discovery request: (1)
the names, addresses, and telephone numbers of persons likely to have relevant, discoverable
information, (2) a copy or description of all relevant documents, data compilations, and tangible
items in the party’s possession, custody, or control, (3) a damages computation, and (4) any
relevant insurance agreements. Fed. R. Civ. P. 26(a)(1)(A)–(D). [Cases: Federal Civil Procedure
1261, 1272.]
3.Patents. A document explaining how an invention works in sufficient detail for one skilled
in the art to be able to understand and duplicate the invention; everything revealed about an
invention in the patent application, including drawings, descriptions, specifications, references to
prior art, and claims. • An invention disclosure statement is sometimes attested by a
knowledgeable witness, who signs and dates the disclosure document to establish the inventor’s
identity and the date of the invention before the patent application is prepared. An inventor can file
a disclosure document with the U.S. Patent and Trademark Office before submitting a patent
application, but the document’s date has no relationship to the later application’s effective filing
date. See ENABLEMENT REQUIREMENT. Cf. ENABLING SOURCE; DEFENSIVE
DISCLOSURE. [Cases: Patents 99. C.J.S. Patents § 139.] 4.Patents. PUBLICATION(2). [Blacks Law 8th]