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Rule 406. Disclosure and Discovery in Contested Adoptions

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: January 1, 2023

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part IV. Adoptions
1. General Adoption Provisions
Effective: January 1, 2023
17B A.R.S. Juv.Ct.Rules of Proc., Rule 406
Formerly cited as AZ ST JUV CT Rule 73
Rule 406. Disclosure and Discovery in Contested Adoptions
(a) Generally.
(1) Duty to Disclose. If the court at any stage of the proceeding, on its own initiative or on request of a party, determines that an adoption is contested, a party must disclose to other parties all relevant information that is not privileged. A party must allow other parties to inspect materials, with or without copying and regardless of whether those materials are in physical, paper, or electronic form.
(2) Manner of Disclosure. A party should disclose information in the least burdensome and most cost-effective manner.
(3) Limits on Secondary Dissemination. A person who receives disclosure must maintain the confidentiality of the information received and must not further disclose the information unless disclosure is authorized by statute or court order.
(4) Ongoing Disclosure Requirement. Unless the court orders otherwise, any relevant document received or prepared by a party must be disclosed no later than 10 days after its receipt or preparation. If a party receives or prepares a document fewer than 10 days before a hearing, the party must disclose it as soon as practicable before the hearing.
(b) Pretrial Disclosure Statement in Contested Adoption. Unless the court orders otherwise, the parties must disclose to each other and the court, in the form of a pretrial disclosure statement, the following information no later than 30 days prior to a contested hearing:
(1) the uncontested facts deemed material;
(2) the contested issues of fact and law that may be material or applicable;
(3) a statement of other issues of fact or law that each party believes to be material;
(4) the witnesses each party intends to call at trial, including their names, addresses and telephone numbers, and in addition, a description of the substance of each witness's expected testimony. No witness may be called at trial other than those disclosed in accordance with this rule, except for good cause shown. The pretrial disclosure statement must note witnesses whose testimony will be offered in the form of a deposition; and
(5) a list of and copies of all exhibits that each party intends to use at trial. If a party objects to the admission of an exhibit, the party must file a notice of objection and the specific grounds for each objection and provide a copy of the notice to all parties and the court no later than 10 days after receipt of the list of exhibits. Specific objections or grounds not listed in the disclosure statement are deemed waived, unless otherwise ordered by the court. No exhibits may be used at trial other than those disclosed in accordance with this rule, except for good cause shown.
(c) Methods of Discovery. The parties may agree to utilize the discovery procedures in Civil Rules 26 through 37. Absent such agreement, a party may utilize those discovery methods only after the court grants a party's motion stating why these methods are necessary.
(d) Sanctions. On a party's motion or the court's own initiative, the court may impose sanctions on a party who fails to disclose information in a timely manner. Sanctions may include granting a continuance, precluding the evidence, or entering any order against a party the court deems appropriate. Any sanction should be consistent with the intent of these rules as set forth in Rule 401 and should not exclude competent and potentially significant evidence that bears on the child's best interests.

Credits

Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 406, AZ ST JUV CT Rule 406
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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