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Rule 315. Disclosure and Discovery

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Child Dependency and Guardianship, Termination of Parental Rights
2. General Provisions on Proceedings and Procedures
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 315
Formerly cited as AZ ST JUV CT Rule 44
Rule 315. Disclosure and Discovery
Currentness
(a) Generally.
(1) Duty to Disclose. 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 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 confidentially of the information received and must not further disclose the information unless disclosure is authorized by A.R.S. ยง 8-807 or court order.
(b) Time Limits for Disclosure for Preliminary Protective Hearings. The parties must disclose all documents in their possession that are subject to disclosure no later than 24 hours before the preliminary protective hearing. If disclosure is untimely, the court may continue the hearing.
(c) Ongoing Disclosure Requirement. Unless the court orders otherwise, any relevant document thereafter received by 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.
(d) Pretrial Disclosure Statements in Contested Dependency, Title 8 Guardianship, and Termination Adjudication Hearings.
(1) Unless the court orders otherwise, the parties must file pretrial disclosure statements containing the following information no later than 30 days prior to the contested adjudication:
(A) the uncontested facts deemed material;
(B) the contested issues of fact and law that may be material or applicable;
(C) a statement of other issues of fact or law that the party believes to be material;
(D) a list of the witnesses the party intends to call at trial, including the names, addresses, email addresses, and telephone numbers of the witnesses and a description of the substance of the witness's expected testimony. Absent good cause, a party may not call a witness at trial who was not disclosed in accordance with this rule. A disclosure statement must note if a witness's testimony will be offered in the form of a deposition; and
(E) a list and copies of all exhibits the party intends to use at trial. If a party objects to the admission of an exhibit, the party must file a notice of objection stating the specific grounds for each objection no later than 10 days after receiving the list of exhibits. A party waives specific objections or grounds not identified in the notice of objection unless the court allows otherwise. A party may not use exhibits at trial other than those disclosed in accordance with this rule, except for good cause.
(2) Unless the court orders otherwise, parties may supplement their list of witnesses and exhibits for the adjudication hearing no later than 10 days before the hearing.
(e) Methods of Discovery. The parties may agree to utilize the discovery methods 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. Failure to complete discovery before the date set for the dependency adjudication hearing does not constitute good cause or extraordinary circumstances under Rule 338(b).
(f) Disclosure in Contested Hearings Other than Adjudications. If information is intended for use in a contested hearing other than a dependency, guardianship, or termination adjudication, parties must disclose the information as follows:
(1) if the contested hearing requires a report prepared by DCS, all parties must disclose relevant information by the date the report is due according to the statute or rule; or
(2) if the contested hearing does not require a report prepared by DCS, the parties must disclose all relevant information no later than 10 days prior to the hearing or as ordered by the court.
(g) Sanctions. Upon a party's motion or on its own, the court may impose sanctions on a party who fails to disclose information in a timely manner. Sanctions may include granting a continuance, precluding evidence, or entering any order the court deems appropriate. Any sanction should accord with the intent of these rules as set forth in Rule 301 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.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 315, AZ ST JUV CT Rule 315
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document