Rule 60. Interrogatories to Parties
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 60
Rule 60. Interrogatories to Parties
(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.
(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.
(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.
(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.
(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:
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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