Rule 125. Request for Production of Documents, Electronically Stored Information, and Things; R...
Arizona Revised Statutes AnnotatedJustice Court Rules of Civil ProcedureEffective: January 1, 2020
Effective: January 1, 2020
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 125
Rule 125. Request for Production of Documents, Electronically Stored Information, and Things; Request for Entry Upon Land for Inspection and Other Purposes
a. Definition and scope. A party may provide to (“serve on”) any other party a request to produce or to permit the party making the request to inspect or to copy designated documents or electronically stored information. The request may ask for the production or inspection of written documents, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained when provided in a reasonably usable format. A request under this rule may also ask to inspect, test, or sample designated tangible things. Items may be requested under this rule that are within the scope of Rule 122(a) and that are in the possession or control of the party upon whom the request is served.
A party may also request that they be allowed to enter upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on the land or property, provided that the request is within the scope of Rule 122(a).
Documents or things made available or produced under this rule may be used in court to the extent permitted under the rules of evidence; see Rule 137(a). [ARCP 34(a), (b)]
b. Notice of request. A request under this rule may be served with the summons and complaint, or at any time thereafter unless otherwise ordered by the court. A request under this rule must include a notice that provides the specific calendar date that the response is due based on these rules, or as ordered by the court. The notice must be provided to (“served on”) (1) the party who is required to respond, and (2) the other parties to the lawsuit. A notice of a request made under this rule must contain the following language:
“The Justice Court Rules of Civil Procedure allow a party to request from another party up to five (5) documents or items, or up to five (5) categories of documents or items, unless the requesting party asks the court for permission to request more documents, items, or categories of documents or items, and the court gives permission because the requesting party showed good cause for requesting more. If you do not produce a document or a category of documents or items because you object to a specific request, you must state a reason for your objection. A party may also request to enter on to designated land or other property to inspect it, or to take measurements, photographs, or samples.
“A party who produces documents must provide them as they are kept in the usual course of business, or they must organize and label them in response to the requests. Electronic documents or electronic records must be produced in the format that has been requested or in the format that the electronic documents or records are usually kept.
“You must provide your original response to requests under this rule to the party who sent them to you, and you must provide a copy to every other party in the lawsuit. Your response to requests made under this rule is due forty (40) days after the requests have been served on you, unless the requests were served with the summons and complaint, in which case your response is due within sixty (60) days after the date of service, or unless otherwise ordered by the court. If you do not comply with the requests that have been made in this notice, the party who served them may file a motion asking that the court order you to comply. If the court enters that order, the court may also require you to pay expenses, including reasonable attorneys' fees, incurred by the other party in obtaining the order. If you fail to comply with the order, the other party may ask the court to impose additional penalties against you, including: that you may not introduce evidence of some or all or your claims or defenses in this lawsuit; if you are a plaintiff, that your lawsuit be dismissed; or if you are a defendant, that judgment be entered against you by default.” [ARCP 26.2(f), 34(a), (b)]
Credits
Adopted Aug. 30, 2012, effective Jan. 1, 2013. Amended Dec. 12, 2019, effective Jan. 1, 2020.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 125, AZ ST J CT RCP Rule 125
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.
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