What is Discovery of Evidence?
During a lawsuit each party has the opportunity to request formal “discovery” from the opposing party. These requests for discovery is accomplished by sending the opposing party three or four different “packets” requesting certain types of information.
Is a series of questions that are listed in the Arizona Rules of Civil Procedure. Depending on the type of case there is a set of different questions for the opposing party.
Non-uniform interrogatories give us the opportunity to write our own questions for the opposing party. For example, we could ask the opposing party, “Explain in detail why you did not make the payments as agreed”.
Request for Admissions:
“Requests for Admissions” allow one party to a lawsuit the opportunity to present statements to the opposing party in a way where they should respond in the affirmative. If they do not respond in the affirmative then they must provide an explanation of why they denied the statement. For example, we could write a statement, “Admit you did not pay back the money as agreed”. They are forced to “admit” the statement or deny it and then give a detailed explanation as to why they denied the statement.
Request for Documents:
We are given the opportunity to request up to 10 different sets of documents from the opposing party. In Arizona, the opposing party has 20 days–in a Superior Court case or 30 days in the Justice Court–to produce the documents requested and their written responses.
Lastly, similar to 26.1 initial discovery statements. These packets are not exchanged with the Court. In fact, the Judge will never see this information unless a specific piece of information is formally introduced as evidence at trial. So don’t worry about impressing the judge, we are simply trying to gain useful information.
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