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Jessica
Consultant
Lucy, Esq., Expert
Hi, I'm Lucy, and I'd be happy to answer your questions today.
Lucy, Esq., Expert
Do you have a scheduling order from the court?
Lucy, Esq., Expert
Okay, thanks. Normally, you would get a discovery schedule from the court showing when you need to serve any requests for information you have. They may be waiting to send that out until the initial disclosures are done. Under Arizona Superior Court Rule 26.1, only certain documents need to be included: insurance policies are the most common. But also if you have documents used to calculate your damages.
Lucy, Esq., Expert
Subsection 11 also requires that you send:
(8) any documents...that the disclosing party plans to use at trial, including any material to be used for impeachment;
(9) documents...that may be relevant to the subject matter of the action
Lucy, Esq., Expert
Send as much as you have. There's an ongoing duty to disclose, so you'll send anything else covered by the rule once you get it. You do not need to cite case law in the Answer to a Complaint. That's more for motions.
Lucy, Esq., Expert
Right. The statute is fine there.
Lucy, Esq., Expert
Right.
Lucy, Esq., Expert
You're welcome!
Lucy, Esq., Expert
At the mediation conference, it's good to have the statutes with you in case you need to reference them. Mostly, though, it's about trying to find a solution that's acceptable to both parties.
Lucy, Esq., Expert
Good morning. I'm happy to answer this for you, but I'm afraid I have to ask that you post it on a new question page. This is considered a different inquiry from the original.