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Rule 127. Discovery Violations

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part VI: Disclosure Statements and Discovery
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 127
Rule 127. Discovery Violations
a. General rule. A party may file a motion with the court requesting a court order that requires another party or a person to disclose information or to provide discovery responses in the following situations:
(1) If a party fails to disclose information that is required under Rule 121; to appear at a deposition under Rule 123; to answer a question at a deposition, or to designate a knowledgeable representative under Rule 123(c); to answer an interrogatory under Rule 124; to respond to a request for production or to permit entry upon property under Rule 125; or to appear for a medical examination under Rule 122(f)(6).
(2) If a person who is not a party fails to obey a subpoena that requires the non-party to appear as a witness at a deposition under Rule 123, or to answer a question at a deposition, or to designate a knowledgeable representative under Rule 123(c).
A failure to disclose, appear, answer, designate, or respond includes evasive or incomplete disclosures, appearances, answers, designations, or responses.
If a party or person fails to comply with an order that requires disclosure of information or providing discovery responses, upon motion the court may impose against that party or person a penalty specified in Rule 127(d). The court may also assess an appropriate penalty against any party or attorney who has engaged in unreasonable, groundless, abusive or obstructionist conduct during a deposition, as provided in Rule 123(d); or against a party or attorney who has denied requests for admissions without a reasonable basis, as provided by Rule 126(d). [ARCP 37(a), (b)]
b. Discovery motion filed by an attorney. An attorney who files a motion under this rule against a party must certify in the motion that he or she has been unable to satisfactorily resolve the matter after a good faith attempt to personally consult with the opposing party. [ARCP 26(g), 37(a)]
c. Failure to provide electronically stored information. Absent exceptional circumstances, a court may not impose sanctions under this rule on a party or a person for failing to provide electronically stored information that has been lost as a result of the routine, good-faith operation of an electronic information system. [ARCP 37(g)]
d. Penalties. The penalties that a court may impose include ordering that certain witnesses or exhibits may not be used at trial; that a particular fact is deemed established; that a pleading or a claim or defense in a pleading be stricken; or that the party be assessed the reasonable attorneys' fees, costs, and expenses of a party who was harmed by inaccurate, untimely, or lack of disclosure or discovery. The court may also impose any other reasonable civil penalty, including a monetary penalty, which is appropriate under the circumstances. [ARCP 37(a), (b)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 127, AZ ST J CT RCP Rule 127
State Court Rules are current with amendments received and effective through 11/15/22. The Code of Judicial Administration is current with amendments received through 11/1/22.
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