--- name: az-discovery description: > Use when drafting, responding to, or compelling discovery in an Arizona civil case. Triggers include "Arizona discovery", "Rule 26.1 disclosure Arizona", "mandatory initial disclosure Arizona", "tiered case Arizona Rule 26.2", "Tier 1 Tier 2 Tier 3 Arizona", "interrogatories Arizona Rule 33", "request for production Arizona", "Rule 34 Arizona", "request for admission Arizona Rule 36", "deposition Arizona Rule 30", "subpoena Arizona Rule 45", "motion to compel Rule 37 Arizona", "good-faith consultation Arizona discovery", "discovery sanctions Arizona". Covers the Ariz. R. Civ. P. 26-37 framework: the broad mandatory initial disclosure under Rule 26.1, the tiered-case discovery limits under Rule 26.2, interrogatories, requests for production, requests for admission, depositions, subpoenas, and the motion-to-compel / sanctions workflow. version: 0.1.0 --- # Arizona Discovery > **NOT LEGAL ADVICE.** This skill helps draft and respond to > discovery. Verify against the current Arizona Rules of Civil Procedure > and the venue's local rules and scheduling order before serving or > filing. Use this skill alongside `az-statewide-format`, `az-law-references`, and (where applicable) `az-first-30-days`. The Arizona civil discovery framework lives in **Ariz. R. Civ. P. 26-37** and applies in the **Superior Court**. The **Justice Court** runs a limited, streamlined discovery track — see `az-justice-courts`. Two features make Arizona discovery distinctive, and they drive everything else below. Read these first. ## ★ Distinctive #1 — Mandatory initial disclosure (Rule 26.1) Arizona does **not** wait for a discovery request to put the core of a case on the table. **Ariz. R. Civ. P. 26.1** imposes a **broad, automatic, and continuing duty** to disclose — far more than notice pleading. Each party must disclose, **without awaiting a request**: - the **factual basis** and **legal theory** of each claim and defense; - the **names, addresses, and phone numbers** of witnesses / persons with relevant knowledge, and the subject of that knowledge; - the names of **expert witnesses** and the substance of their opinions; - a **computation and measure of damages** and supporting documents; - the existence and location of **relevant documents, ESI, and tangible things** (and the party must produce or make them available); - the existence of **insurance** that may satisfy a judgment. Key practice points: - **Calendar the Rule 26.1 deadline the moment the case is at issue.** The timeline runs relative to the pleadings / scheduling order — independent of any request you serve. Confirm the current day counts in the corpus (`az-law-references`) and compute dates with `az-deadlines`. - The duty is **continuing**: a party must **seasonably supplement**. - **Disclosure is enforced with teeth.** A witness or information not timely disclosed may be **excluded** absent good cause / harmless error — the exclusion sanction is the backbone of the regime, so treat Rule 26.1 as the centerpiece, not a formality. ## ★ Distinctive #2 — The tiered-case system (Rule 26.2) Arizona assigns every Superior Court case to **Tier 1, Tier 2, or Tier 3** based principally on the **amount in controversy** (and certain case types). The tier sets **presumptive discovery limits** — deposition hours / count, interrogatory count, RFA count, and similar caps — scaled to the stakes of the case. - **Tier 1** — lowest amount in controversy; the **tightest** limits. - **Tier 2** — mid-range; intermediate limits. - **Tier 3** — highest amount in controversy (and complex / specified case types); the **most generous** limits. How tier is set: - A party states the tier (or its basis) in an **early pleading / certificate**, and the court assigns the tier in the scheduling order. The tier can be **changed by stipulation or by motion** for good cause. - The **dollar thresholds** separating the tiers and the **specific numeric limits** each tier imposes are **rule-set and subject to amendment** — **do not memorize them**. Pull the current Tier 1 / 2 / 3 thresholds and per-tier limits from the verbatim Rule 26.2 text in the corpus (`az-law-references`) before serving discovery. > **Confirm the tier before you serve anything.** Every numeric > discovery limit below is a function of the assigned tier. Serving > discovery that exceeds the tier's presumptive limit without a > stipulation or court order risks objection and exclusion. ## Interrogatories — Rule 33 Arizona allows written interrogatories to parties under **Ariz. R. Civ. P. 33**, which distinguishes **uniform interrogatories** (the court-approved standard sets) from **non-uniform interrogatories**. - The **number of interrogatories is set by the Rule 26.2 tier**, not by a flat statewide cap: Rule 33(a)(2) provides that interrogatories are "subject to the numeric limits in Rule 26.2(f)." Each subpart counts as one interrogatory, except that a uniform interrogatory and its subparts count as one. **Confirm the current per-tier count and the subpart-counting rule in the corpus** before serving a large set. - Answers are served separately and fully, in writing under oath, with each objection stated specifically. Business records may be produced in lieu of a narrative answer on the rule's conditions (Rule 33(d)). ``` NON-UNIFORM INTERROGATORIES Pursuant to Ariz. R. Civ. P. 33, [Defendant] requests that [Plaintiff] answer the following Interrogatories separately and fully, in writing under oath, within the time allowed by the rule. INTERROGATORY NO. 1: State the name, address, and telephone number of each person known to you to have knowledge of the facts alleged in the Complaint, and describe the subject of that knowledge. ANSWER: [Response] ``` ## Requests for Production — Rule 34 **Ariz. R. Civ. P. 34** requests documents, ESI, and tangible things, and may seek **entry onto land** for inspection. The responding party produces documents as kept in the usual course of business or organized to correspond to the request's categories. **ESI** is produced in a reasonably usable form; address form-of-production and metadata by stipulation, consistent with the proportionality / tier limits. ## Requests for Admission — Rule 36 - **Critical**: under **Ariz. R. Civ. P. 36**, a matter is **deemed admitted** unless the party timely serves a written answer or objection within the period the rule allows. Calendar RFA deadlines carefully — a missed deadline can concede dispositive facts. - A party may move to **amend or withdraw** an admission on the rule's conditions (merits served; no prejudice to the requesting party). ## Depositions — Rule 30 - **Ariz. R. Civ. P. 30** governs oral depositions; serve **reasonable** written notice of time, place, and deponent. - For an **entity deposition**, describe the matters for examination so the entity can designate a witness. - **Deposition hours and the number of depositions are tier-limited under Rule 26.2** — confirm the tier's presumptive deposition limits before noticing. Remote / video depositions are permitted by stipulation or order; state the recording method on the notice. ## Subpoenas — Rule 45 **Ariz. R. Civ. P. 45** compels a non-party to produce documents or appear for deposition / at trial. Observe the rule's service, notice-to- parties, and **protection-from-undue-burden** provisions; a non-party may object or move to quash on the rule's grounds. ## Good-faith consultation and meet-and-confer Before filing any discovery motion, **personally consult** with opposing counsel and **document** the attempt. Arizona conditions discovery relief on a **good-faith consultation** (and the motion must include a **certification** that it occurred). Many scheduling orders require the conferral certificate as a precondition — verify the venue's requirement in `az-law-references`. ``` Subject: Good-Faith Consultation re: Discovery Responses — [Case Short Title], Case No. [Number] [Counsel Name], this is my good-faith effort to confer under Ariz. R. Civ. P. 37 before I file a Motion to Compel. Your responses to my client's First Set of Non-Uniform Interrogatories and Requests for Production, served on [DATE], are deficient as follows: 1. Interrogatory No. 3 — Boilerplate objection without specifying the vague term or quantifying the burden. 2. Request for Production No. 7 — No documents produced though the Complaint references documents within this request. 3. Rule 26.1 disclosure — No computation of damages provided. Please supplement by [date]. If I do not hear from you, I will proceed with a Motion to Compel and seek expenses under Rule 37. [Name] ``` ## Motion to compel and sanctions — Rule 37 If consultation fails, move to compel under **Ariz. R. Civ. P. 37**. The motion should: 1. **Identify the specific deficiencies** (which interrogatory / RFP / RFA / Rule 26.1 disclosure category, and why the response is inadequate). 2. **Attach** the requests and responses as exhibits. 3. **Certify the good-faith consultation** (and attach the conferral correspondence). 4. **Address each objection** on the merits. 5. **Request specific relief**: an order compelling responses by a date certain, plus an award of reasonable expenses. ### Sanctions ladder - On a granted motion to compel, **Rule 37** authorizes an award of the reasonable **expenses, including attorney fees**, caused by the failure, unless the opposing position was substantially justified. - For **disobedience of a discovery order**, Rule 37 escalates to stronger sanctions — up to striking pleadings, dismissal, or default judgment. - Rule 37 also addresses the consequences of **failing to disclose under Rule 26.1** (exclusion of the undisclosed matter) and of failing to admit. Verify the current subpart lettering against the verbatim Rule 37 text in `az-law-references`. ## Composition - For drafting the motion to compel: `az-draft-motion` - For the supporting affidavit / declaration: `az-draft-declaration` - For the notice / lodging of the motion: `az-draft-note` - For statewide format: `az-statewide-format` - For deadline arithmetic, the Rule 26.1 disclosure clock, and the scheduling-order cutoff: `az-deadlines` - For the Justice Court streamlined discovery track: `az-justice-courts` - For consumer-debt RFP / RFA banks and debt-buyer chain-of-title discovery strategy: `az-consumer-debt` ## References - `references/interrogatory-templates.md` — Rule 33 uniform / non-uniform templates - `references/rfp-templates.md` — Rule 34 templates - `references/rfa-templates.md` — Rule 36 templates - `references/initial-disclosure.md` — Rule 26.1 disclosure checklist - `references/tier-limits.md` — Rule 26.2 Tier 1/2/3 thresholds and per-tier discovery limits - `references/motion-to-compel.md` — Rule 37 scaffold - `references/consultation-templates.md` — good-faith consultation / meet-and-confer templates