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Rule 49. Disclosure

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part VII. Disclosure and Discovery (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 49
Rule 49. Disclosure
(a) Generally.
(1) Purpose. This rule's disclosure requirements are intended to ensure that each party to an action is fairly informed of the facts, data, legal theories, witnesses, documents, and other information that is relevant to the case.
(2) Scope. A party must disclose information in the party's possession and control, as well as information that the party can determine or acquire by reasonable inquiry and investigation.
(3) Limitation. For good cause, the court may limit disclosure under sections (e) through (i).
(b) Time for Disclosure; Continuing Duty.
(1) Initial Disclosures. Unless the parties agree in writing or the court orders otherwise, every party must serve an initial disclosure of information required under sections (d) through (k) not later than 40 days after the filing of the first responsive pleading to a petition.
(2) Additional or Amended Disclosures.
(A) Continuing Duty. The duty of disclosure is a continuing duty, and each party must serve additional or amended disclosures when new or additional information is discovered by, or revealed to, the party.
(B) Time for Additional or Amended Disclosures. A party must serve such additional or amended disclosures in a timely manner, but in no event more than 30 days after the information is discovered by, or revealed to, the disclosing party. If a party obtains or discovers information that the party knows or reasonably should know is relevant to a hearing scheduled to occur in less than 30 days, the party must disclose that information reasonably in advance of the hearing.
(C) Disclosure by Written Discovery or Deposition. If information is disclosed in a written discovery response, another form of written communication, or during a deposition in a manner that reasonably informs all parties of the information, the information need not be presented in a supplemental disclosure statement.
(3) Failure to Disclose, False or Misleading Disclosure, Untimely Disclosure. A party prejudiced by a failure to disclose, false or misleading disclosure, or untimely disclosure, may seek the remedies identified in Rule 65.
(c) Resolution Statement. Each party must file a Resolution Statement substantially in the form set forth in Form 4 or 5, Rule 97, as applicable 30 days after exchanging their initial disclosure, or as otherwise ordered by the court. The Resolution Statement must include any agreements between the parties and a specific, detailed position that the party proposes to resolve all issues in the case, without argument in support of the position. Each party must file a Resolution Statement with the court and serve the other party with a copy of the resolution statement. Unless the court orders otherwise, a Resolution Statement is not required in proceedings filed under A.R.S. § 25-409 (third-party rights).
(d) Legal Decision-Making or Parenting Time. In a case in which legal decision-making or parenting time is an issue, the following documents and information must be served on the other party with the initial disclosure:
(1) a copy of any past or current protective orders and underlying petitions involving a party or member of the party's household;
(2) the name and address of each treatment provider and period of treatment involving any party for psychiatric or psychological issues, anger management, substance abuse, or domestic violence, occurring within 5 years before the petition's filing;
(3) the date, description, location, and documentation of any criminal charge against or conviction of any party or member of the party's household occurring within 10 years before the petition's filing; and
(4) the date, description, location, and documentation of any Department of Child Safety investigation or proceeding involving any party or member of the party's household occurring within 10 years before the petition's filing.
(e) Child Support. In a case in which child support is an issue, the following documents must be served on the other party with the initial disclosure:
(1) a fully completed affidavit substantially in the form set forth in Form 2, Rule 97, (“Affidavit of Financial Information” or “AFI”);
(2) proof of the party's income from all sources, including:
(A) complete tax returns, W-2 forms, 1099 forms, and K-1 forms, for the past 3 completed calendar years, and year-end information for the most recent calendar year if tax returns are not yet due;
(B) information for the current calendar year for all income sources, including year-to-date pay stubs, salaries, wages, commissions, bonuses, self-employment income, dividends, severance pay, pensions, interest, trust income, income from businesses and properties, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;
(C) proof of court-ordered child support and spousal maintenance actually being paid by the party in any case other than the one in which disclosure is being provided;
(D) proof of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;
(E) proof of any child care expenses paid by the party for any child listed or referenced in the petition;
(F) proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and
(G) proof of any expenses paid by the party for the special needs of a gifted child or a child with a disability who is listed or referenced in the petition.
(f) Spousal Maintenance and Attorney Fees and Costs. If either party has requested an award of spousal maintenance or an award of attorney fees and costs, the following documents must be served on the other party with the initial disclosure:
(1) a completed AFI substantially in the form set forth in Form 2, Rule 97; and
(2) the documents and information described in subpart (e)(2).
(g) Property. Unless there is no property at issue in the case or the parties have entered into a written agreement disposing of every property issue, the following documents must be served on the other party with the initial disclosure:
(1) copies of deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by any party;
(2) copies of all monthly or periodic bank, checking, savings, brokerage, and security account statements and all electronically stored information concerning such accounts in which any party has or had an interest for a period beginning 6 months before the petition's filing and through the disclosure date;
(3) copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option (reflecting grant date, vesting, exercise price and prior exercises), and annuity balances, including Individual Retirement Accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for a period beginning 6 months before the petition's filing and through the disclosure date, and, if a claim for premarital accumulation is made as to a defined contribution plan, copies of all monthly or periodic statements and documents showing values, contributions, withdrawals, loans, earnings and losses from the date of marriage to the disclosure date, or if no monthly or quarterly statements are available during these time periods, the most recent statements or documents that disclose the information;
(4) copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has an interest for a period beginning 6 months before the petition's filing and through the disclosure date, or, if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;
(5) copies of all documents and all electronically stored information that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for a period beginning 6 months before the petition's filing and through the disclosure date, including any documents that the party may rely on in placing a value on any item of real or personal property;
(6) copies of all business tax returns, balance sheets, profit and loss statements, and all documents and all electronically stored information that may assist in identifying or valuing any business or business interest for the last 5 completed calendar or fiscal years and through the latest available date before the disclosure statement with respect to any business or entity in which any party has an interest or had an interest for a period beginning 5 years before the petition's filing through the disclosure date;
(7) copies of all documents related to any trust in which the party has a beneficial interest; and
(8) a list of all items of personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry, and similar items in which any party has an interest, together with the party's estimate of current fair market value (not replacement value) for each item.
(h) Debts. Unless the parties have entered into a written agreement disposing of all debt issues in the case, the following documents must be served with the initial disclosure:
(1) copies of all monthly or periodic statements and documents and all electronically stored information showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for a period beginning 11 months before the petition's filing and through the disclosure date, or if no monthly or quarterly statements or electronically stored information are available during this time period, the most recent statements or documents or electronically stored information that disclose the information; and
(2) copies of credit card statements and debt statements for all months for a period beginning 11 months before the petition's filing and through the disclosure date.
(i) Disclosure of Witnesses. Each party must disclose the names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness's expected testimony. The court may not allow a party to call witnesses whom the party did not disclose at least 60 days before trial or by a different deadline ordered by the court.
(j) Disclosure of Expert Witnesses. Each party must disclose the name, address and telephone number of any person the party expects to call as an expert witness at trial. The party also must disclose the subject matter on which the expert will testify, the substance of the facts and opinions on which the expert will testify, a summary of the grounds for each opinion, the expert's qualifications, and the name and address of any custodian of reports the expert prepared. The court may not allow a party to call an expert witness whom the party did not disclose at least 60 days before trial or by a different deadline ordered by the court.
(k) Disclosure of Electronically Stored Information.
(1) Production of Electronically Stored Information. Unless the parties agree or the court orders otherwise, within 40 days after serving its initial disclosure statement, a party must produce the electronically stored information identified under Rule 49. Absent good cause, no party need produce the same electronically stored information in more than one form.
(2) Presumptive Form of Production. Unless the parties agree or the court orders otherwise, a party must produce electronically stored information in the form requested by the receiving party. If the receiving party does not specify a form, the producing party may produce the electronically stored information in native form or in another reasonably usable form that will enable the receiving party to have the same ability to access, search, and display the information as the producing party.
(3) Limits on Disclosure of Electronically Stored Information. Civil Rule 26(b)(2) applies to the disclosure of electronically stored information.
(4) Resolution of Disputes. If the parties are unable to satisfactorily resolve any dispute regarding electronically stored information, the parties may present the dispute to the court in either a joint or individual motion. The motion must include the parties' positions and a good faith consultation certificate under Rule 9(c). In resolving any dispute regarding electronically stored information, the court may shift costs, if appropriate.
(l) No Filing of Disclosures. The disclosures described in sections (d) through (k) must be served on all parties but may not be filed with the court.
(m) Additional Discovery. Nothing in this rule precludes a party from conducting additional discovery under Rule 51.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors' Notes

HISTORICAL NOTES
Former Rule 49, relating to disclosure, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 49, AZ ST RFLP Rule 49
Current with amendments received through 11/1/18
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