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Form 7. Notice of Petition: Preservation of Electronically Stored Information

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
X. General Provisions
16 A.R.S. Rules of Civil Procedure, Form 7
Form 7. Notice of Petition: Preservation of Electronically Stored Information
Notice of Verified Petition:
Preservation of Electronically Stored Information
THIS IS AN IMPORTANT NOTICE REGARDING YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND IT, YOU MAY WISH TO CONTACT A LAWYER.
Nature of Proceeding. You have been served with a Petition under Rule 45.2 of the Arizona Rules of Civil Procedure. The Petition asks the court to decide issues concerning the petitioner's obligation to preserve electronically stored information for possible use in pending or anticipated litigation. You have been served with the Petition and this Notice because you are a person who requested that the petitioner preserve electronically stored information, and the petitioner has identified you as a respondent who may oppose the Petition.
Your Obligation to Respond to the Petition. You are required to file a written response to the Petition with the court, and to mail or hand-deliver a copy of your response to the petitioner, within the time required by Rule 45.2 of the Arizona Rules of Civil Procedure. IF YOU ARE SERVED WITHIN THE STATE OF ARIZONA, YOUR RESPONSE MUST BE FILED WITHIN 20 DAYS AFTER YOU ARE SERVED, NOT COUNTING THE DAY OF SERVICE. IF YOU ARE SERVED OUTSIDE THE STATE OF ARIZONA, YOUR RESPONSE MUST BE FILED WITHIN 30 DAYS AFTER YOU ARE SERVED, NOT COUNTING THE DAY OF SERVICE. WITHIN THE SAME TIME PERIOD, YOU MUST ALSO MAIL OR HAND-DELIVER A COPY OF YOUR RESPONSE TO THE PETITIONER AT THE ADDRESS INDICATED IN THE UPPER LEFT-HAND CORNER OF THE VERIFIED PETITION.
Effect of Failing to Respond. If you do not respond to the Petition within the time required, the court may issue orders and grant relief in your absence. Any such orders or relief granted by the court in connection with the Petition may impact your legal rights. Examples of the types of orders that the court may issue in ruling on the Verified Petition are described below.
Court's Orders on Petition. In ruling on the Petition, the court may make orders as allowed by Rule 45.2 of the Arizona Rules of Civil Procedure, including:
(a) determining the existence and scope of the petitioner's obligation to preserve electronically stored information, including limiting the scope of the petitioner's obligation or finding that the petitioner has no obligation to preserve electronically stored information;
(b) determining that the preservation of the electronically stored information at issue would impose an undue burden or expense on the petitioner;
(c) imposing limits or conditions on any obligation of the petitioner to preserve electronically stored information, which may include requiring you (the respondent), to pay some or all of the petitioner's reasonable costs of preserving the information; and
(d) awarding reasonable expenses as allowed by Rule 45.2(f) of the Arizona Rules of Civil Procedure, which may include an award of attorney's fees, to the party who prevails in connection with the Verified Petition.
Effect of Preservation Order. A preservation order issued in connection with a Petition may impact your legal rights. A petitioner complying with a preservation order obtained in this proceeding is deemed to have taken reasonable steps to preserve electronically stored information as required by Arizona Rule of Civil Procedure 37(g). See Rule 45.2(g) of the Arizona Rules of Civil Procedure.

Credits

Added Aug. 31, 2017, effective July 1, 2018.
16 A. R. S. Rules Civ. Proc., Form 7, AZ ST RCP Form 7
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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