Discovery in Litigation

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 are accomplished by sending the opposing party three or four different “packets” with each requesting different types of information.  

stack of legal documents

Uniform Interrogatories:

Uniform interrogatories are 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:

Non-uniform interrogatories are questions written by one party to a lawsuit. They send the questions to the opposing party and wait their response.

For example, a non-uniform interrogatory might ask, “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 the responding party does not respond in the affirmative then they must provide an explanation of why they denied the statement.

For example, a Request for Admissions could state, “Admit you did not pay back the money as agreed”. If the opposing party did not pay the money back as agreed then they to “Admit” the statement.

However, if a party denies a Request for Admissions they must explain why it is not a true statement. For example, if the statement reads, “Admit you did not pay back the money as agreed”. Answer, “Deny, We agreed that instead of paying you in cash, I could pay you back by putting a new roof your rental property.”  

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 discovery requests are not submitted to the Court. In fact, the Judge will never see this information unless specifically and formally introduced as evidence at trial. So don’t worry about impressing the judge, we are simply exchanging all relevant information with the opposing party.

If you need help from an experienced Arizona attorney, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the State of Arizona.

Author: Clint Dunaway

Arizona attorney.