The purpose of this note is to generally explain the problems associated with Rule 26(a)(1), and to specifically examine whether it violates the Rules Enabling Act's prohibition on affecting substantive rights. To illustrate the problem with applying Rule 26(a)(1) to all cases, the note will examine mandatory disclosure as it applies to civil rights cases brought under 42 U.S.C. § 1983. The note concludes that Rule 26(a)(1) infringes on substantive rights in violation of the Rules Enabling Act; however, instead of invalidating the mandatory disclosure rule entirely, federal courts should not apply Rule 26(a)(1) to cases brought under § 1983 against defendant public officials.
Note, An Application of Federal Rule of Civil Procedure 26(A)(1) to Section 1983 Actions: Does Rule 26(A)(1) Violate the Rules Enabling Act43 Clev. St. L. Rev. 115 (1995)