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Rule 60. Interrogatories to Parties

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part VII. Disclosure and Discovery (Refs & Annos)
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 60
Rule 60. Interrogatories to Parties
(a) Generally.
(1) Definition. Interrogatories are written questions served by a party on another party and answered in writing and under oath.
(2) Number. In connection with any petition, unless the parties agree or the court orders otherwise, a party may serve on any other party no more than 40 written interrogatories. A uniform interrogatory and its subparts count as one interrogatory. Any subpart to a non-uniform interrogatory is considered a separate interrogatory.
(A) Stipulations. If a party believes good cause exists for the service of more than 40 interrogatories, that party must consult with the party upon whom the additional interrogatories would be served and request a written stipulation regarding the number of additional interrogatories.
(B) By Motion and Court Order. If a party cannot obtain a stipulation permitting the service of additional interrogatories, the party may serve additional interrogatories only if a court grants a party's motion to do so. The party requesting additional interrogatories must show that:
(i) the issues presented warrant the service of additional interrogatories;
(ii) requiring the responding party to answer additional interrogatories is a more practical or less burdensome method of obtaining the information sought than by other alternatives; or
(iii) other good cause exists for serving additional interrogatories.
(C) Accompanying the Motion. A motion for additional interrogatories must be accompanied by a copy of the proposed additional interrogatories and by a good faith consultation certificate required by Rule 9(c).
(3) Scope. An interrogatory may ask about any matter allowed under Rule 51(b). An interrogatory is not improper merely because it asks for an opinion. An interrogatory may ask for a party's contention about facts or the application of law to facts, but the court may, on motion, order that such a contention interrogatory need not be answered until a later time.
(4) Uniform Interrogatories. Rule 97, Form 7, contains uniform interrogatories that a party may use under this rule. A party may use a uniform interrogatory when it is appropriate to the legal or factual issues of the particular action, regardless of how the action or claims are designated. The use of uniform interrogatories is not mandatory. A party propounding a uniform interrogatory may do so by serving a notice that identifies the uniform interrogatory by form and number. A party may limit the scope of a uniform interrogatory--such as by requesting a response only as to particular persons, events, or issues--without converting it into a nonuniform interrogatory.
(5) Service.
(A) Nonuniform Interrogatories. A party propounding nonuniform interrogatories must serve a copy on every party who has appeared in the action.
(B) Uniform Interrogatories. A party propounding uniform interrogatory must serve a Notice of Service of Uniform Interrogatories containing the names of the party and attorney to whom the requests are made, and each uniform interrogatory for which the propounding party requests an answer. The propounding party also must serve the notice on every other party.
(C) No Filing with the Court. The propounding party must not file nonuniform interrogatories or a notice of service of uniform interrogatories.
(b) Answers and Objections.
(1) Time to Respond. Unless the parties agree or the court orders otherwise, the responding party must serve its answers and any objections within 40 days after being served with the interrogatories. But a respondent may serve its answers and any objections within 60 days after service--or execution of an acceptance of service--of the summons and petition.
(2) Answers Under Oath. Subject to Rule 60(b)(3), an answering party must answer each interrogatory separately and fully in writing under oath. In answering an interrogatory, a party must furnish the information available to it. It must also reproduce the text of an interrogatory immediately above its answer to that interrogatory.
(3) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure. If a party states an objection, it must still answer the interrogatory to the extent that it is not objectionable.
(4) Signature. The party who answers the interrogatories must sign them under oath. An attorney who objects to any interrogatories must sign the objections.
(5) Service. The answering party must serve the original answers, with any objections, on the propounding party, and must serve a copy on every other party who has appeared in the action. The answering party must not file interrogatory answers with the court.
(c) Use. An answer to an interrogatory may be used to the extent allowed by the Arizona Rules of Evidence.
(d) Option to Produce Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business, medical, mental health, behavioral health, employment, income tax, or education records (including electronically stored information), and if the burden of determining the answer will be substantially the same for either party, the responding party may answer by:
(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 60, AZ ST RFLP Rule 60
Current with amendments received through 08/15/2020.
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