Rule 122 - General Provisions Regarding Discoverya.Scope of discovery. Discovery is a process for obtaining information about a lawsuit. Parties may discover any non-privileged information that is relevant to the facts or issues involved in a lawsuit, whether the information relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, and including additional details concerning disclosures made under Rule 121. A party may obtain discovery concerning the existence, description, nature, custody, condition and location of any records, documents, or other things, and the identity and location of persons having knowledge of any discoverable matter. A party may not object to a request for discovery on the grounds that the information sought will be not be admissible at trial if the requested information appears reasonably calculated to lead to the discovery of admissible evidence. [ARCP 26(b)]
b.Discovery methods. A party may request discovery from another party by one or more of the following methods: depositions upon oral examination (Rule 123) ; written interrogatories (Rule 124) ; requests for production of documents or things, or for permission to enter upon land or other property for inspection and other purposes (Rule 125) ; requests for admissions (Rule 126) ; and requests for physical and mental examinations (Rule 122(f)(6)) . [ARCP 26(a)] c.Timing of discovery. Methods of discovery may be used in any sequence unless otherwise ordered by the court. A party may file a motion requesting the court to enter an order concerning the sequence of discovery by explaining how it would be for the benefit or convenience of parties or witnesses, or why it would be in the interests of justice. Discovery must be completed thirty (30) days before the trial date, unless the court sets or the parties agree to a different date for completion of discovery. A party must serve interrogatories, requests for production, and requests for admissions, and must notice depositions, to allow discovery responses to be provided or a deposition to be concluded within this time. [ARCP 26(d)] d.Protective orders and limitations on discovery. If a motion of a party or of a person from whom discovery is sought shows good reasons, the court may in the interests of justice enter an order to protect the party or the person from annoyance, embarrassment, oppression, or undue burden or expense in connection with a discovery request. The judge may order, among other things, that discovery not take place, or that it take place under certain terms or conditions; that only certain methods of discovery be used; that inquiry not be made into certain matters; that certain persons not be present during discovery; that items of discovery be sealed, or not disclosed, or disclosed only in a certain way; or that information be exchanged simultaneously. A person who requests that information remain confidential has the burden of showing reasons why the judge should order confidentiality. [ARCP 26(c)] e.Supplementation of discovery responses. A party is required to amend a prior discovery response if the party knows that the response was incorrect when it was provided, or if the party knows that the response, although correct when it was provided, is no longer true and a failure to amend the response is in substance a knowing concealment. [ARCP 26(e)] f.Specific discovery issues.(1)Electronically stored information. Electronically stored information is discoverable. However, a party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or expense.(2)Insurance agreements. A party may obtain discovery of any insurance agreement that may satisfy all or part of a judgment that may be entered in a lawsuit. However, the mere disclosure or discovery of an insurance agreement, or information concerning insurance, does not automatically make that insurance agreement, or information concerning insurance, admissible in evidence at trial. For purposes of this paragraph, an application for insurance is not treated as part of an insurance agreement.(3)Materials prepared for litigation. A party may obtain his or her own statement made to another party or the other party's representative without showing a need for the statement. Otherwise, a party may not obtain discovery of materials prepared for litigation by another party or by the other party's representative, unless the party seeking discovery shows the court that the party has a substantial need for the materials to prepare the lawsuit, and that there is no other way to obtain the materials or their equivalent without substantial hardship.(4)Experts. A party may use interrogatories, a deposition, or both to discover facts and opinions known by someone who has been identified by another party as an expert witness. The party seeking discovery from an expert must pay the expert a reasonable fee for the expert's time actually spent responding to interrogatories or a subpoena, or at deposition.(5)Non-party at fault. A party alleging that a person or entity not currently or formerly named as a party was wholly or partially at fault in causing any personal injury or property damage for which damages are sought in the lawsuit pursuant to A.R.S. § 12-2506(B), must provide the identity, location, and facts supporting the claimed liability of the non-party within sixty (60) days from the filing of the answer. No allocation of liability to any non-party whose identity has not been disclosed as required by this paragraph will be permitted, except as the parties may agree or as the court may allow upon motion showing good cause, reasonable diligence, and lack of unfair prejudice to the parties.(6)Court-ordered medical examination of a party. When the mental or physical condition of a party, or of an individual under the legal control of a party, is at issue in a lawsuit, a party may file a motion requesting an order that the party or individual submit to a physical or mental examination by a licensed physician or a licensed psychologist. The motion must provide good reasons why a court-ordered examination is necessary. If the court orders an examination, the examination must be at a reasonable time and place. The order must provide that the person to be examined has a right to have a representative present during the examination, and has a right to make an audio record of the examination, unless the court specifically finds reasons that the presence of a representative or making of an audio recording may adversely affect the outcome of the examination. The examining physician or psychologist must provide a written report of the examination to the requesting party, and the requesting party must provide the report to the party or individual who was examined, within twenty (20) days of the date of the examination. [ARCP 26(b), 35] g.Agreements among parties. The parties may agree to modify discovery procedures, including but not limited to how a deposition may be taken, the length or a deposition, or extending or shortening the time allowed for responding to interrogatories or other discovery requests. [ARCP 29] Just. Ct. R. Civ. proc. 122
Adopted Aug. 30, 2012, effective 1/1/2013.