Arizona has a unique discovery rule, Rule 26.1, that requires
early and continuing disclosure of a sweeping range of information
that is handled under formal discovery rules in most states. One
impact of Rule 26.1 is that early detailed investigation of claims
is essential in Arizona.
Time Limits
- Initial disclosures required by Rule 26.1 must be made by the
parties as fully as then possible within 40 days after filing
the responsive pleading to a complaint, counterclaim,
cross-claim, or third party complaint unless the parties
otherwise agree, or the court shortens or extends the time for
good cause.
Continuing Duty
- The disclosure duty of each party is a continuing duty, and
each party must make additional or amended disclosures whenever
new or different information is discovered or revealed.
- The disclosures must be made no more than 30 days after the
information is revealed to or discovered by the disclosing
party.
- A party seeking to use information that party first disclosed
60 days before trial shall seek leave or court to extend the
time for disclosure.
Scope of Required Disclosures
- Each party must disclose in writing to every other party nine
different categories of information:
Factual basis of the claim or defense.
Legal theories upon which the claim is based.
Names, addresses, and telephone numbers of witnesses
expected to be called at trial.
Names and addresses of all persons whom the party believes
have knowledge or information relevant to the claims, and the
nature of the knowledge or information each individual is
believed to possess.
Names and addresses of all persons who have given
statements.
Name and addresses of each person the disclosing party
expects to call as an expert at trial, the subject matter, the
substance of facts and opinions, a summary of the grounds for
each opinion, the qualifications of the expert, and the name
and address of the custodian of copies of any reports prepared
by the expert.
Computation and the measure of damage and the documents or
testimony on which such computation and measure are based,
together with the names and addresses of all damage experts.
Existence, location, custodian, and general description of
any tangible evidence or relevant documents that the
disclosing party plans to use at trial and relevant insurance
agreements.
List of documents, or in the case of voluminous documentary
information, a list of categories of documents, known by the
disclosing party to exist, whether or not in the party's
possession, custody, or control, which are relevant to or
appear reasonably calculated to lead to the discovery of
admissible evidence, and the date upon which those documents
will be made available for inspection and copying by the other
parties.
Assertion of Privileges
- Whenever information is withheld from Rule 26.1 disclosures
under claims of attorney-client privilege or protection of
trial preparation materials, such claims must be made expressly
and supported by a description of the documents, communications,
or things not produced or disclosed that is sufficient to
enable other parties to contest the claim.
For more legislation information, see the California Legislation Web Site at http://www.leginfo.ca.gov.
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