Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures”.
Initial Disclosure Statements are not filed with the court but simply exchanged between the parties to a lawsuit as part of the discovery process. Arizona courts require the parties to exchange all relevant information to the opposing party in an attempt to avoid “trial by ambush” and to increase the odds of an out of court settlement.
What Must the Rule 26.1 Disclosure Statement Contain?
Potential Trial Witness. The disclosure statement must list everyone who may testify at trial. Just because a person is listed it does not mean that they must later testify. However, if a person is not disclosed as a potential witness then they may not be called as a witness at trial. It simply gives the opposing party notice that you may be interested in having this person testify at the trial and what they may be testifying about.
A list of other people with knowledge. The disclosure statement must also list persons who will not be called as trial witnesses, but may have information relevant to the subject of the lawsuit.
Written Statements. The disclosure statement must provide a list of any written or recorded statements within a Party’s possession.
All forms of Communication and Information. Each party must disclose all relevant communication. This includes emails and text messages. Including electronically stored documents.
All Other Relevant Documents. The disclosure statement must include all other relevant documents that are known to exist, regardless of whether or not they are favorable to your case.
When Must the Disclosure Statements be Exchanged?
Initial Disclosure Statements– Rule 26.1(f)(1) requires that initial disclosure statements are exchanged within 30 days of a responsive pleading being filed.
Duty to Supplement Disclosure Statements– Rule 26.1(f)(2) imposes a continuing duty that each party must provide an amended or supplemental disclosure statement each time “new or additional information is discovered or revealed.” The updated information must be disclosed to the opposing party within 30 days of receipt.
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. The Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.