Federal Rules

Proposed Amendment to FRCP 26 - Third-Party Litigation Funding Disclosure

Informal AAJ Comment

Dec. 22, 2025

On December 22, 2025, AAJ filed an informal comment opposing renewed defense-side proposals to require disclosure of third-party litigation funding agreements. AAJ’s comment argued that mandatory disclosure would unfairly advantage corporate defendants by revealing plaintiffs’ financial strategy and work-product, lacks evidentiary justification, and is unnecessary because judges already manage funding issues effectively through case-specific in camera or ex parte review when appropriate.

 

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