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Rule 26.3. Exchange of Medical Records and Timing of Expert Disclosure in Medical Malpractice A...

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
V. Disclosure and Discovery
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 26.3
Rule 26.3. Exchange of Medical Records and Timing of Expert Disclosure in Medical Malpractice Actions
<For applicability of amending Order No. R-17-0010, effective July 1, 2018, see the Application Provisions note at the beginning of the Arizona Rules of Civil Procedure.>
(a) Exchange of Medical Records.
(1) By Plaintiff. Within 5 days after a defendant has filed an answer or a motion in response to the complaint, the plaintiff must serve on that defendant copies of all of the plaintiff's available medical records relevant to the condition that is the subject matter of the action. The plaintiff also must provide a medical records authorization to allow the defendant to obtain copies of the plaintiff's medical records from their original source.
(2) By Defendants. Within 10 days after the plaintiff serves medical records under Rule 26.3(a)(1), a defendant must serve on the plaintiff and all other parties copies of all of the plaintiff's available medical records relevant to the condition that is the subject matter of the action.
(3) Records Obtained Under a Medical Records Authorization. If a defendant obtains records using a plaintiff's medical records authorization, the party obtaining the records must furnish to all other parties--at its sole expense--complete copies of any non-duplicative records not previously produced by the plaintiff or another defendant.
(4) Limitations. The parties may agree to limit the records produced under this rule.
(b) Timing of Expert Disclosure. The parties must disclose the identities and opinions of standard of care and causation experts simultaneously, unless the parties agree or the court orders otherwise for good cause.

Credits

Added Aug. 31, 2017, effective July 1, 2018.
16 A. R. S. Rules Civ. Proc., Rule 26.3, AZ ST RCP Rule 26.3
Current with amendments received through 08/15/2020.
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