SIGNIFICANT MODIFICATIONS TO THE ARIZONA RULES OF CIVIL PROCEDURE AND LIMITATIONS ON DISCOVERY

The Arizona Supreme Court has overhauled the way attorneys conduct discovery in Arizona. This will have a significant impact on the length of the pendency of lawsuits and will likely require early decision making on the part of Defendants as to the type of discovery, including expert retention, they wish to undertake. Effective July 1, 2018 , limitations will be placed on discovery depending on the value of the case, as established by the allegations contained in the Complaint, stipulated to by the parties, or determined by the Court.  Click HERE for more.

NEW ARIZONA RULES SET FORTH CLEARER MANDATE FOR SANCTIONS FOR DISCOVERY ABUSES

The comments to the 2018 rule changes state that the Rules have been revised to “work together to strengthen mandatory initial disclosure of relevant material as the bedrock of Arizona civil litigation.” The amendments also “seek to make initial disclosure robust through a clearer mandate to impose sanctions on a Rule 37 for failures to disclose relevant material and for abuses of discovery.” Click HERE for more.

ANTICIPATED IMPACT OF NEW RULES FOR THE INSURER/ SELF-INSURED ENTITY/THIRD-PARTY ADMINISTRATOR

The new rules will require quicker decisions, especially in Tier 1 and Tier 2 cases. This will, at the very least, lead to more significant initial litigation involvement and expenditures. Early case evaluation on the part of counsel, working hand in hand with the insurer/self-insured entity/TPA, will be paramount. Decisions on expert retention will need to be made shortly after the inception of litigation.   Click HERE for more.

If you have any questions regarding the new rule changes, please feel free to contact Brian Rubin or Michael Kelley at Thomas Rubin & Kelley PC.

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