Podcast
Questions and Answers
What is the primary purpose of the rules governing civil actions in the superior court of Arizona?
What is the primary purpose of the rules governing civil actions in the superior court of Arizona?
- To provide extensive legal advice to the parties
- To facilitate the just, speedy, and inexpensive resolution of actions (correct)
- To ensure maximum financial gain for the parties involved
- To allow for multiple forms of action in civil cases
Which action initiates a civil proceeding in the superior court of Arizona?
Which action initiates a civil proceeding in the superior court of Arizona?
- Serving a summons to the defendant
- Issuing a replacement summons
- Drafting a counterclaim
- Filing a complaint with the court (correct)
What must be included in the contents of a summons issued in Arizona superior court?
What must be included in the contents of a summons issued in Arizona superior court?
- The personal history of the parties involved
- An invitation for mediation before court appearance
- The demands of the pleadings without limitations
- The attorney's name and contact information or the party’s own details if unrepresented (correct)
What consequence is outlined in a summons for a party that fails to appear and defend?
What consequence is outlined in a summons for a party that fails to appear and defend?
When can a party request a replacement summons according to the rules?
When can a party request a replacement summons according to the rules?
What is the time frame required for a party to request accommodations for disabilities prior to a court proceeding?
What is the time frame required for a party to request accommodations for disabilities prior to a court proceeding?
What is defined as 'pleading' in the context of the rules for civil actions?
What is defined as 'pleading' in the context of the rules for civil actions?
What is the required action after a summons is issued and filed with the court?
What is the required action after a summons is issued and filed with the court?
What is a requirement for a plaintiff when requesting a waiver of service from a defendant?
What is a requirement for a plaintiff when requesting a waiver of service from a defendant?
What happens if a defendant fails to return a waiver without good cause?
What happens if a defendant fails to return a waiver without good cause?
How long does a defendant have to respond after timely returning a waiver?
How long does a defendant have to respond after timely returning a waiver?
When a waiver is filed, what obligation is removed for the plaintiff?
When a waiver is filed, what obligation is removed for the plaintiff?
What is the minimum amount of time a defendant must be given to return a waiver request?
What is the minimum amount of time a defendant must be given to return a waiver request?
In what manner should service be made for an incapacitated person with a guardian?
In what manner should service be made for an incapacitated person with a guardian?
If no parent or guardian of a minor can be found, how should service be executed?
If no parent or guardian of a minor can be found, how should service be executed?
What method is NOT acceptable for waiving service?
What method is NOT acceptable for waiving service?
Who must be served when a domestic corporation can't be served by a known officer in Arizona?
Who must be served when a domestic corporation can't be served by a known officer in Arizona?
Which statement regarding serving a governmental entity is false?
Which statement regarding serving a governmental entity is false?
Who is authorized to receive service of process on behalf of a corporation?
Who is authorized to receive service of process on behalf of a corporation?
What must be included with the waiver request besides the pleading?
What must be included with the waiver request besides the pleading?
What must be included in the return of service for a party identified by a fictitious name?
What must be included in the return of service for a party identified by a fictitious name?
What does waiving service of a summons NOT affect?
What does waiving service of a summons NOT affect?
Under Rule 10(d), which individuals are permitted to serve process?
Under Rule 10(d), which individuals are permitted to serve process?
What is a requirement for a specially appointed person to serve process?
What is a requirement for a specially appointed person to serve process?
How must a party go about waiving service under Rule 4.1 or 4.2?
How must a party go about waiving service under Rule 4.1 or 4.2?
If a defendant is not served within the specified time limit, what action may the court take?
If a defendant is not served within the specified time limit, what action may the court take?
How is proof of service executed when the service is performed by a private process server?
How is proof of service executed when the service is performed by a private process server?
What happens if a summons is served by publication?
What happens if a summons is served by publication?
Which of the following accurately describes the acceptance of service of process?
Which of the following accurately describes the acceptance of service of process?
What is the requirement for a waiver of service in regards to the timing of responsive pleading?
What is the requirement for a waiver of service in regards to the timing of responsive pleading?
What is necessary for a defendant to achieve a voluntary appearance in court?
What is necessary for a defendant to achieve a voluntary appearance in court?
What happens if proof of service is not filed?
What happens if proof of service is not filed?
In which scenario is a special appointment for service necessary?
In which scenario is a special appointment for service necessary?
Which of the following is true about the requirements for serving a summons within Arizona?
Which of the following is true about the requirements for serving a summons within Arizona?
What is a key characteristic of a certified private process server?
What is a key characteristic of a certified private process server?
What constitutes prima facie evidence regarding a corporation's officers or agents in Arizona?
What constitutes prima facie evidence regarding a corporation's officers or agents in Arizona?
Under what condition may a court authorize service by publication?
Under what condition may a court authorize service by publication?
What is the minimum duration for which a summons must be published for service by publication?
What is the minimum duration for which a summons must be published for service by publication?
What is required if the serving party knows the last known address of the person being served?
What is required if the serving party knows the last known address of the person being served?
Who can serve by publication according to the regulations?
Who can serve by publication according to the regulations?
What must be included in the affidavit when serving by publication?
What must be included in the affidavit when serving by publication?
Which rule allows for alternative means of service if traditional methods prove impracticable?
Which rule allows for alternative means of service if traditional methods prove impracticable?
What is the consequence of effective service by publication?
What is the consequence of effective service by publication?
For what type of actions can an unknown heir be served by publication?
For what type of actions can an unknown heir be served by publication?
What must the Arizona Corporation Commission do with the copies of summons and pleadings served?
What must the Arizona Corporation Commission do with the copies of summons and pleadings served?
What must the serving party demonstrate to use alternative means of service?
What must the serving party demonstrate to use alternative means of service?
When is service by mail considered complete when serving a person outside of Arizona?
When is service by mail considered complete when serving a person outside of Arizona?
What information must accompany the affidavit for service by publication?
What information must accompany the affidavit for service by publication?
Which of the following conditions must be met to initiate service by publication?
Which of the following conditions must be met to initiate service by publication?
What is required for an affidavit of service to be valid when serving a person located outside Arizona?
What is required for an affidavit of service to be valid when serving a person located outside Arizona?
When may a plaintiff request a waiver of service from a defendant under these rules?
When may a plaintiff request a waiver of service from a defendant under these rules?
What happens if a defendant fails to return the waiver requested by the plaintiff?
What happens if a defendant fails to return the waiver requested by the plaintiff?
What is the minimum time frame a defendant has to return a waiver request if sent within the United States?
What is the minimum time frame a defendant has to return a waiver request if sent within the United States?
Under what condition can a serving party initiate service by publication?
Under what condition can a serving party initiate service by publication?
What must accompany the request for a waiver of service besides the written notice?
What must accompany the request for a waiver of service besides the written notice?
What does serving a nonresident under the Nonresident Motorist Act entail?
What does serving a nonresident under the Nonresident Motorist Act entail?
What is the latest time frame a defendant must respond after waiving service when the request is sent outside any judicial district in the United States?
What is the latest time frame a defendant must respond after waiving service when the request is sent outside any judicial district in the United States?
Which statement about service by publication is correct?
Which statement about service by publication is correct?
Which is NOT a requirement in the affidavit of service when serving outside Arizona?
Which is NOT a requirement in the affidavit of service when serving outside Arizona?
What happens if the serving party fails to attach the signed receipt to the affidavit of service?
What happens if the serving party fails to attach the signed receipt to the affidavit of service?
If a serving party successfully serves a nonresident under the Nonresident Motorist Act, what is the deadline for the defendant to answer?
If a serving party successfully serves a nonresident under the Nonresident Motorist Act, what is the deadline for the defendant to answer?
What does waiving service NOT affect?
What does waiving service NOT affect?
How should the summons be published in case of service by publication?
How should the summons be published in case of service by publication?
What is required for a service by publication if the serving party knows the address of the person being served?
What is required for a service by publication if the serving party knows the address of the person being served?
What must the affidavit contain if no mailing was made due to the serving party not knowing the address?
What must the affidavit contain if no mailing was made due to the serving party not knowing the address?
Under what conditions can an unknown heir be served by publication?
Under what conditions can an unknown heir be served by publication?
How may a corporation located outside Arizona be served?
How may a corporation located outside Arizona be served?
What is a requirement for proposed orders or proposed judgments submitted to the court?
What is a requirement for proposed orders or proposed judgments submitted to the court?
Which statement is correct regarding service of process for individuals in foreign countries?
Which statement is correct regarding service of process for individuals in foreign countries?
Which of the following documents is NOT allowed to be filed unless necessary for an appeal?
Which of the following documents is NOT allowed to be filed unless necessary for an appeal?
What is required for a party serving a corporation in a foreign country?
What is required for a party serving a corporation in a foreign country?
In what time frame must a person served outside Arizona respond with a pleading?
In what time frame must a person served outside Arizona respond with a pleading?
What must be included when filing a document with the court as per the required caption?
What must be included when filing a document with the court as per the required caption?
What action may the court take if there is a violation of the rules regarding sensitive data in documents?
What action may the court take if there is a violation of the rules regarding sensitive data in documents?
What must accompany the affidavit if service was made by publication?
What must accompany the affidavit if service was made by publication?
What is required concerning social security numbers included in filed documents?
What is required concerning social security numbers included in filed documents?
Which of the following parties is exempt from requiring service if they are in default?
Which of the following parties is exempt from requiring service if they are in default?
What constitutes prima facie evidence of compliance for service by publication?
What constitutes prima facie evidence of compliance for service by publication?
Which of the following documents can be attached to a motion or response submitted to a judge?
Which of the following documents can be attached to a motion or response submitted to a judge?
What must a document prepared for filing with the court contain?
What must a document prepared for filing with the court contain?
How is service handled for minors and incapacitated individuals located outside the United States?
How is service handled for minors and incapacitated individuals located outside the United States?
Which document does not need to be served on a party that has failed to appear?
Which document does not need to be served on a party that has failed to appear?
What must occur if a document needs to be electronically notarized?
What must occur if a document needs to be electronically notarized?
What is NOT a method of service for individuals in foreign countries?
What is NOT a method of service for individuals in foreign countries?
What happens to electronically submitted proposed orders and judgments in terms of public record?
What happens to electronically submitted proposed orders and judgments in terms of public record?
Which type of legal actions can include unknown heirs of decedents for service by publication?
Which type of legal actions can include unknown heirs of decedents for service by publication?
Which statement about the responsibility of the filer concerning sensitive data is true?
Which statement about the responsibility of the filer concerning sensitive data is true?
What format should text and background be for filed documents?
What format should text and background be for filed documents?
What must be included above the signature on a proposed order or proposed judgment?
What must be included above the signature on a proposed order or proposed judgment?
What is a key requirement when submitting proposed pleadings?
What is a key requirement when submitting proposed pleadings?
What is the initial requirement for service if property is seized without naming a defendant?
What is the initial requirement for service if property is seized without naming a defendant?
How can a plaintiff proceed if only some defendants have been served with process?
How can a plaintiff proceed if only some defendants have been served with process?
What is one method by which service can be completed according to the rules?
What is one method by which service can be completed according to the rules?
What must be noted on the document after service is made?
What must be noted on the document after service is made?
When can a motion be made to serve additional parties after a judgment?
When can a motion be made to serve additional parties after a judgment?
What is the minimum type size required for typed documents filed in court?
What is the minimum type size required for typed documents filed in court?
What should be considered if a party is incarcerated and fails to file a document timely?
What should be considered if a party is incarcerated and fails to file a document timely?
What is the consequence if a filing is rejected by the clerk?
What is the consequence if a filing is rejected by the clerk?
What should be the left-hand margin for documents filed in court?
What should be the left-hand margin for documents filed in court?
What happens if a document is served by U.S. mail to the opposing party's known address?
What happens if a document is served by U.S. mail to the opposing party's known address?
Which font styles are preferred for typed documents filed in court?
Which font styles are preferred for typed documents filed in court?
What is required when a document must be filed within a specific time after a complaint's filing?
What is required when a document must be filed within a specific time after a complaint's filing?
What is the maximum number of lines allowed per page in a court document?
What is the maximum number of lines allowed per page in a court document?
How should handwritten documents be formatted according to the court's rules?
How should handwritten documents be formatted according to the court's rules?
In what scenario may defendants not need to serve pleadings on each other in a case with many defendants?
In what scenario may defendants not need to serve pleadings on each other in a case with many defendants?
What happens if the court orders service through electronic means?
What happens if the court orders service through electronic means?
What must be included in the bottom margin of all pages, except the first, of a court document?
What must be included in the bottom margin of all pages, except the first, of a court document?
An electronically filed document must be in what preferred format?
An electronically filed document must be in what preferred format?
What should the certificate of service state?
What should the certificate of service state?
Which of the following is NOT allowed when filing court documents?
Which of the following is NOT allowed when filing court documents?
What occurs if a defendant's office is closed when service attempts to identify them?
What occurs if a defendant's office is closed when service attempts to identify them?
What is an allowed way to establish proof of service using certified mail?
What is an allowed way to establish proof of service using certified mail?
What presumption holds if the precise manner of service is not noted?
What presumption holds if the precise manner of service is not noted?
Which formatting element must case names and citation signals adhere to?
Which formatting element must case names and citation signals adhere to?
What is the required page size for filed documents in Arizona?
What is the required page size for filed documents in Arizona?
What action is required before filing an attorney's appearance as attorney of record?
What action is required before filing an attorney's appearance as attorney of record?
Which of the following is discouraged in filing court documents?
Which of the following is discouraged in filing court documents?
What must be the condition for filing an uncompliant exhibit or document from another jurisdiction?
What must be the condition for filing an uncompliant exhibit or document from another jurisdiction?
What is required for an attorney to withdraw or be substituted as attorney of record in a pending action?
What is required for an attorney to withdraw or be substituted as attorney of record in a pending action?
What document must accompany a motion to withdraw if the client does not consent?
What document must accompany a motion to withdraw if the client does not consent?
Under what condition can an attorney withdraw after a trial date has been set?
Under what condition can an attorney withdraw after a trial date has been set?
What form is required for an attorney undertaking limited scope representation to notify the court?
What form is required for an attorney undertaking limited scope representation to notify the court?
Effective service on a party by an attorney with limited scope representation applies to which aspects?
Effective service on a party by an attorney with limited scope representation applies to which aspects?
What information must an application to withdraw or substitute counsel include?
What information must an application to withdraw or substitute counsel include?
Which of the following actions does not require a court order for withdrawal or substitution of counsel?
Which of the following actions does not require a court order for withdrawal or substitution of counsel?
What must an attorney do if they change their office address while representing clients?
What must an attorney do if they change their office address while representing clients?
What happens if no objection is filed within 10 days of serving a motion to withdraw without consent?
What happens if no objection is filed within 10 days of serving a motion to withdraw without consent?
What is the consequence for an attorney failing to keep advised of the status of pending actions?
What is the consequence for an attorney failing to keep advised of the status of pending actions?
What must happen if an attorney completes the limited scope representation?
What must happen if an attorney completes the limited scope representation?
Which of the following statements is true regarding the responsibilities of an attorney as attorney of record?
Which of the following statements is true regarding the responsibilities of an attorney as attorney of record?
Which of the following options is NOT a prerequisite for an attorney to withdraw after a trial date has been set?
Which of the following options is NOT a prerequisite for an attorney to withdraw after a trial date has been set?
What phrase must be inserted if no party opposes the request in a motion or stipulation?
What phrase must be inserted if no party opposes the request in a motion or stipulation?
What is required if a motion or stipulation is joined by fewer than all parties?
What is required if a motion or stipulation is joined by fewer than all parties?
What must accompany a motion to file a document under seal?
What must accompany a motion to file a document under seal?
What must be done if only part of a document is protected from disclosure under an order?
What must be done if only part of a document is protected from disclosure under an order?
What must the submitting person do when submitting a document for filing under seal?
What must the submitting person do when submitting a document for filing under seal?
What happens if a motion to file a document under seal is denied?
What happens if a motion to file a document under seal is denied?
What must the clerk do if the court denies the motion or stipulation to file under seal?
What must the clerk do if the court denies the motion or stipulation to file under seal?
What is necessary for a request to allow public access to a lodged document in a protective order situation?
What is necessary for a request to allow public access to a lodged document in a protective order situation?
If a document is lodged with the court but not filed, what may the clerk do?
If a document is lodged with the court but not filed, what may the clerk do?
What must accompany a motion to field a document produced by another person under a protective order?
What must accompany a motion to field a document produced by another person under a protective order?
What is the main action required by the clerk if the submitting person requests to retain a lodged document for appellate review?
What is the main action required by the clerk if the submitting person requests to retain a lodged document for appellate review?
What happens if a motion to file a document under seal is partly denied?
What happens if a motion to file a document under seal is partly denied?
What is one of the key responsibilities for the submitting person if a motion is made to file under seal?
What is one of the key responsibilities for the submitting person if a motion is made to file under seal?
What is the maximum time period allowed for filing an objection after a motion is served?
What is the maximum time period allowed for filing an objection after a motion is served?
Which of the following must an attorney provide promptly upon settlement of a matter set for trial?
Which of the following must an attorney provide promptly upon settlement of a matter set for trial?
Under what condition can a document be filed under seal?
Under what condition can a document be filed under seal?
What constitutes a 'sealed document'?
What constitutes a 'sealed document'?
Which statement regarding the responsibilities of the clerk when a document is ordered to be sealed is true?
Which statement regarding the responsibilities of the clerk when a document is ordered to be sealed is true?
What must be included in any motion to file a document under seal?
What must be included in any motion to file a document under seal?
Which of the following requirements is NOT necessary for a court to order a document to be filed under seal?
Which of the following requirements is NOT necessary for a court to order a document to be filed under seal?
What happens to a document filed under seal when it is transmitted to an appellate court?
What happens to a document filed under seal when it is transmitted to an appellate court?
Which of the following is a valid condition that must be satisfied for a court to allow filing under seal for only part of a document?
Which of the following is a valid condition that must be satisfied for a court to allow filing under seal for only part of a document?
What type of sanctions can a court impose for violating the rules regarding sealed documents?
What type of sanctions can a court impose for violating the rules regarding sealed documents?
In the context of Rule 5.4, what is a 'lodged document'?
In the context of Rule 5.4, what is a 'lodged document'?
What must the court find in writing to allow a document to be filed under seal?
What must the court find in writing to allow a document to be filed under seal?
What is required when a designated party is authorized to file documents under seal?
What is required when a designated party is authorized to file documents under seal?
What is the primary requirement before filing a document with the court?
What is the primary requirement before filing a document with the court?
What must the notice of lodging include?
What must the notice of lodging include?
What action must the producer of the document take within 14 days after receiving a notice of lodging?
What action must the producer of the document take within 14 days after receiving a notice of lodging?
What can happen if the producing person fails to respond as required by the rules?
What can happen if the producing person fails to respond as required by the rules?
What must precede a party filing a motion to seal a case-initiating document?
What must precede a party filing a motion to seal a case-initiating document?
What is not allowed regarding advance authorizations to file under seal?
What is not allowed regarding advance authorizations to file under seal?
If a motion to seal is partially granted, what must the filing party do?
If a motion to seal is partially granted, what must the filing party do?
What does a 'sealed document' signify?
What does a 'sealed document' signify?
What must a court find to allow a document to be filed under seal?
What must a court find to allow a document to be filed under seal?
Which of the following must be included in a motion to file a document under seal?
Which of the following must be included in a motion to file a document under seal?
What must be included in a motion or stipulation filed to request that a document be filed under seal?
What must be included in a motion or stipulation filed to request that a document be filed under seal?
What is a 'lodged document' defined as?
What is a 'lodged document' defined as?
What is required if only part of a document is to be filed under seal?
What is required if only part of a document is to be filed under seal?
What must a court state in its order if it decides to unseal a document?
What must a court state in its order if it decides to unseal a document?
What happens to a sealed document when it is transmitted to an appellate court?
What happens to a sealed document when it is transmitted to an appellate court?
What is the implication if a party withdraws their confidentiality designation after a notice is served?
What is the implication if a party withdraws their confidentiality designation after a notice is served?
What is necessary for a court to impose monetary sanctions for disclosure of sealed documents?
What is necessary for a court to impose monetary sanctions for disclosure of sealed documents?
What action should be taken if a court denies a motion or stipulation to seal a document?
What action should be taken if a court denies a motion or stipulation to seal a document?
What must accompany a motion or stipulation to file a document under seal if not all parties agree?
What must accompany a motion or stipulation to file a document under seal if not all parties agree?
What must be done when a court allows a designated party to file documents under seal?
What must be done when a court allows a designated party to file documents under seal?
What does 'public access' mean in the context of court documents?
What does 'public access' mean in the context of court documents?
What is required of the clerk when a sealing order is in effect?
What is required of the clerk when a sealing order is in effect?
Which statement is true regarding the filing of a motion to file under seal?
Which statement is true regarding the filing of a motion to file under seal?
What is true about advance authorization for filing documents under seal?
What is true about advance authorization for filing documents under seal?
What consequence arises for a party that fails to comply with sealing rules?
What consequence arises for a party that fails to comply with sealing rules?
What is the purpose of a publicly accessible version of a document when some portions are sealed?
What is the purpose of a publicly accessible version of a document when some portions are sealed?
When can a court deny a motion to file a document under seal?
When can a court deny a motion to file a document under seal?
What action must a submitting person take upon filing a stipulation to file under seal?
What action must a submitting person take upon filing a stipulation to file under seal?
What method is required for the consultation that must precede a motion in limine?
What method is required for the consultation that must precede a motion in limine?
What is the consequence if a motion in limine is not filed in accordance with Rule 7.2(b)?
What is the consequence if a motion in limine is not filed in accordance with Rule 7.2(b)?
Which of the following actions is prohibited concerning motions in limine?
Which of the following actions is prohibited concerning motions in limine?
What must accompany a motion when a good faith consultation certificate is required?
What must accompany a motion when a good faith consultation certificate is required?
When must motions in limine be ruled on according to the stated rules?
When must motions in limine be ruled on according to the stated rules?
Which requirement is NOT specified for an order to show cause?
Which requirement is NOT specified for an order to show cause?
In the context of consultation before a motion, what is considered an acceptable form of communication?
In the context of consultation before a motion, what is considered an acceptable form of communication?
What action does a court take when issuing an order to show cause?
What action does a court take when issuing an order to show cause?
What is the maximum allowed length for a responsive memorandum, excluding attachments?
What is the maximum allowed length for a responsive memorandum, excluding attachments?
In what scenario may a motion for reconsideration be granted without oral argument?
In what scenario may a motion for reconsideration be granted without oral argument?
When responding to objections regarding the admissibility of evidence, where must these objections be presented?
When responding to objections regarding the admissibility of evidence, where must these objections be presented?
What is the time frame within which an opposing party must file a responsive memorandum after service of a motion?
What is the time frame within which an opposing party must file a responsive memorandum after service of a motion?
What is the primary consequence of noncompliance with the filing requirements as outlined?
What is the primary consequence of noncompliance with the filing requirements as outlined?
What is the limitation on the length of a reply memorandum?
What is the limitation on the length of a reply memorandum?
Which document can be filed only if expressly authorized by a statute or other rule?
Which document can be filed only if expressly authorized by a statute or other rule?
What happens if a party fails to appear at the designated time for oral argument?
What happens if a party fails to appear at the designated time for oral argument?
What must parties submit to make an extension of time effective?
What must parties submit to make an extension of time effective?
Which of the following is true regarding summaries motions?
Which of the following is true regarding summaries motions?
What must be included in all motions for reconsideration?
What must be included in all motions for reconsideration?
How long does an opposing party have to file objections to evidence offered in a reply memorandum?
How long does an opposing party have to file objections to evidence offered in a reply memorandum?
What is a requirement if a motion to strike is not expressly authorized?
What is a requirement if a motion to strike is not expressly authorized?
What is the condition under which an extension for filing memoranda becomes ineffective?
What is the condition under which an extension for filing memoranda becomes ineffective?
What must be included in the publicly accessible version of a case-initiating document?
What must be included in the publicly accessible version of a case-initiating document?
What happens if a court partially denies a motion to file a case-initiating document under seal?
What happens if a court partially denies a motion to file a case-initiating document under seal?
When calculating time periods under the rules, what does Rule 6 specify about the first day?
When calculating time periods under the rules, what does Rule 6 specify about the first day?
Under what circumstances can a court extend a deadline after it has expired?
Under what circumstances can a court extend a deadline after it has expired?
When submitting a motion to the court, what must accompany the motion?
When submitting a motion to the court, what must accompany the motion?
What should a party do if they no longer wish to continue an action after a denial of their sealing request?
What should a party do if they no longer wish to continue an action after a denial of their sealing request?
According to the rules, which pleadings are exclusively allowed?
According to the rules, which pleadings are exclusively allowed?
What is the maximum length for motions and supporting memorandums unless otherwise ordered by the court?
What is the maximum length for motions and supporting memorandums unless otherwise ordered by the court?
What restrictions are placed on a court granting advance authorization to lodge a case-initiating document under seal?
What restrictions are placed on a court granting advance authorization to lodge a case-initiating document under seal?
What is the deadline for a moving party to file a motion after the specified time to act expires?
What is the deadline for a moving party to file a motion after the specified time to act expires?
Which of the following is NOT a ground for a court to grant an extension of time?
Which of the following is NOT a ground for a court to grant an extension of time?
What is the outcome if the last day of a specified time period falls on a legal holiday?
What is the outcome if the last day of a specified time period falls on a legal holiday?
What information must be included on the cover sheet when filing documents for sealing?
What information must be included on the cover sheet when filing documents for sealing?
What action must the clerk take when a document is lodged under seal but not filed?
What action must the clerk take when a document is lodged under seal but not filed?
If a party may act within a specified time after service made under certain rules, what additional time is allowed?
If a party may act within a specified time after service made under certain rules, what additional time is allowed?
What process must a court follow when issuing documents like orders or minute entries?
What process must a court follow when issuing documents like orders or minute entries?
What is required from the submitting person if a motion to seal is partly denied?
What is required from the submitting person if a motion to seal is partly denied?
Under what condition can the clerk allow public access to a lodged document?
Under what condition can the clerk allow public access to a lodged document?
What must a party do if the producing person does not respond to a notice regarding confidentiality?
What must a party do if the producing person does not respond to a notice regarding confidentiality?
What is a requirement when filing a request to disallow public access to a document already in the public file?
What is a requirement when filing a request to disallow public access to a document already in the public file?
How long must the clerk retain a lodged document if the motion to seal is completely denied?
How long must the clerk retain a lodged document if the motion to seal is completely denied?
In the context of sealing documents, what is the initial action a party must take before filing?
In the context of sealing documents, what is the initial action a party must take before filing?
What constitutes a valid response by the producing person to a notice of lodging within 14 days?
What constitutes a valid response by the producing person to a notice of lodging within 14 days?
What should occur when the court orders a document to be unsealed?
What should occur when the court orders a document to be unsealed?
Which action does NOT appear to be a duty of the clerk regarding lodged documents?
Which action does NOT appear to be a duty of the clerk regarding lodged documents?
What is the time frame within which the submitting person must act after a motion to seal is denied?
What is the time frame within which the submitting person must act after a motion to seal is denied?
What documentation must accompany a formal request to the clerk regarding disallowing public access?
What documentation must accompany a formal request to the clerk regarding disallowing public access?
What should a party do when seeking to file a document governed by a protective order?
What should a party do when seeking to file a document governed by a protective order?
What is one of the objectives of managing a civil action under Rule 16?
What is one of the objectives of managing a civil action under Rule 16?
During which time frame must the parties meet to discuss the expected course of their case?
During which time frame must the parties meet to discuss the expected course of their case?
Which factor is NOT considered when ensuring that discovery is proportional to the needs of the action?
Which factor is NOT considered when ensuring that discovery is proportional to the needs of the action?
What is one of the purposes of the Early Meeting described in Rule 16?
What is one of the purposes of the Early Meeting described in Rule 16?
Which of the following is an objective related to the management of court calendars?
Which of the following is an objective related to the management of court calendars?
What does Rule 16 discourages regarding pretrial activities?
What does Rule 16 discourages regarding pretrial activities?
Which statement best describes the parties' responsibility during the Early Meeting?
Which statement best describes the parties' responsibility during the Early Meeting?
Which of the following aspects is NOT mentioned as a concern for controlling costs during the discovery process?
Which of the following aspects is NOT mentioned as a concern for controlling costs during the discovery process?
What must be included in the Report of Early Meeting filed after the Early Meeting?
What must be included in the Report of Early Meeting filed after the Early Meeting?
Which of the following actions is NOT subject to the requirements of Rule 16(b) and (c)?
Which of the following actions is NOT subject to the requirements of Rule 16(b) and (c)?
During a Scheduling Conference, which of the following is NOT among the court's responsibilities?
During a Scheduling Conference, which of the following is NOT among the court's responsibilities?
What is required to be filed 10 days before a Trial Management Conference?
What is required to be filed 10 days before a Trial Management Conference?
What action must the court take if no trial date has been set by the Scheduling Order?
What action must the court take if no trial date has been set by the Scheduling Order?
Which topic is NOT typically discussed during a Trial-Setting Conference?
Which topic is NOT typically discussed during a Trial-Setting Conference?
What is the required form of the Joint Pretrial Statement?
What is the required form of the Joint Pretrial Statement?
Which of the following may be a court's discretion during a Scheduling Conference?
Which of the following may be a court's discretion during a Scheduling Conference?
How long do parties have to file the Report of Early Meeting after the Early Meeting occurs?
How long do parties have to file the Report of Early Meeting after the Early Meeting occurs?
What is a primary purpose of a Trial Management Conference?
What is a primary purpose of a Trial Management Conference?
Which item is NOT typically included in a Joint Pretrial Statement?
Which item is NOT typically included in a Joint Pretrial Statement?
Which characteristic applies to actions seeking enforcement of a judgment regarding the requirements of Rule 16?
Which characteristic applies to actions seeking enforcement of a judgment regarding the requirements of Rule 16?
What must occur if parties fail to resolve discovery disputes during the Scheduling Conference?
What must occur if parties fail to resolve discovery disputes during the Scheduling Conference?
Which of the following must be included in the Joint Report following the Early Meeting?
Which of the following must be included in the Joint Report following the Early Meeting?
What is the maximum page length allowed for the summary in the Joint Report?
What is the maximum page length allowed for the summary in the Joint Report?
What happens if the parties do not file their Joint Report within the specified time frame after the Early Meeting?
What happens if the parties do not file their Joint Report within the specified time frame after the Early Meeting?
What is required for the Scheduling Order to include specific trial dates?
What is required for the Scheduling Order to include specific trial dates?
Which option must be included in the proposed Scheduling Order regarding expert witnesses?
Which option must be included in the proposed Scheduling Order regarding expert witnesses?
When can parties modify the dates established by a Scheduling Order?
When can parties modify the dates established by a Scheduling Order?
What must the Joint Report certify regarding the parties' discussions?
What must the Joint Report certify regarding the parties' discussions?
In the context of the Joint Report, which issue is NOT required to be discussed?
In the context of the Joint Report, which issue is NOT required to be discussed?
What is required from each party if the court conducts a settlement conference?
What is required from each party if the court conducts a settlement conference?
Which statement regarding the court's authority during settlement conferences is true?
Which statement regarding the court's authority during settlement conferences is true?
Which component is NOT a requirement for the proposed Scheduling Order?
Which component is NOT a requirement for the proposed Scheduling Order?
What must a party's settlement conference memorandum include?
What must a party's settlement conference memorandum include?
What must parties do if they wish to change the discovery tier after filing their Joint Report?
What must parties do if they wish to change the discovery tier after filing their Joint Report?
Under what condition can a settlement made on behalf of a minor or adult in need of protection be deemed binding?
Under what condition can a settlement made on behalf of a minor or adult in need of protection be deemed binding?
What is required to address alternative means of service if methods prove impracticable?
What is required to address alternative means of service if methods prove impracticable?
What sanctions may be imposed on a party or attorney substantially unprepared for a settlement conference?
What sanctions may be imposed on a party or attorney substantially unprepared for a settlement conference?
Which condition must be met for the Scheduling Order to establish calendar deadlines?
Which condition must be met for the Scheduling Order to establish calendar deadlines?
What is one of the primary purposes of a settlement conference as mandated by the court?
What is one of the primary purposes of a settlement conference as mandated by the court?
What is NOT a requirement for the content of the Joint Report?
What is NOT a requirement for the content of the Joint Report?
What must the proposed Scheduling Order explicitly specify regarding expert witnesses?
What must the proposed Scheduling Order explicitly specify regarding expert witnesses?
What must accompany a motion regarding a settlement alleged to be in good faith?
What must accompany a motion regarding a settlement alleged to be in good faith?
What is true about a court's authority to impose reasonable time limits on trial proceedings?
What is true about a court's authority to impose reasonable time limits on trial proceedings?
What does the court require from parties during a pretrial settlement conference?
What does the court require from parties during a pretrial settlement conference?
In a situation involving joint tortfeasors, what can any party request related to a settlement?
In a situation involving joint tortfeasors, what can any party request related to a settlement?
What must be true for a court to impose sanctions for a party's failure to disclose evidence timely?
What must be true for a court to impose sanctions for a party's failure to disclose evidence timely?
What does a party's assessment of the likely outcome at trial include according to the settlement conference memorandum requirements?
What does a party's assessment of the likely outcome at trial include according to the settlement conference memorandum requirements?
What aspect of confidentiality is emphasized during settlement conferences?
What aspect of confidentiality is emphasized during settlement conferences?
What is the latest a plaintiff must deliver their part of the Joint Pretrial Statement to all other parties?
What is the latest a plaintiff must deliver their part of the Joint Pretrial Statement to all other parties?
Which statement is true regarding the contents of the Joint Pretrial Statement?
Which statement is true regarding the contents of the Joint Pretrial Statement?
If a party intends to submit a notebook to the jurors, what is the latest they must serve a copy to other parties?
If a party intends to submit a notebook to the jurors, what is the latest they must serve a copy to other parties?
What is required from parties if the trial is to a jury?
What is required from parties if the trial is to a jury?
What consequence may occur if a party fails to obey a scheduling order without good cause?
What consequence may occur if a party fails to obey a scheduling order without good cause?
What must each party include regarding exhibits in the Joint Pretrial Statement?
What must each party include regarding exhibits in the Joint Pretrial Statement?
What statement about deposition testimony designation is correct?
What statement about deposition testimony designation is correct?
Which component is NOT a required section of the Joint Pretrial Statement?
Which component is NOT a required section of the Joint Pretrial Statement?
What must a plaintiff do regarding their exhibits before the Joint Pretrial Statement is filed?
What must a plaintiff do regarding their exhibits before the Joint Pretrial Statement is filed?
What is the purpose of the brief statement of the case in the Joint Pretrial Statement?
What is the purpose of the brief statement of the case in the Joint Pretrial Statement?
What aspect of witness testimony is strictly regulated in the Joint Pretrial Statement?
What aspect of witness testimony is strictly regulated in the Joint Pretrial Statement?
At what point can a court modify the provisions of Rule 16(f)?
At what point can a court modify the provisions of Rule 16(f)?
How many jurors are required to reach a verdict if this is not specified in the Joint Pretrial Statement?
How many jurors are required to reach a verdict if this is not specified in the Joint Pretrial Statement?
Which procedural aspect is emphasized during a Trial Management Conference?
Which procedural aspect is emphasized during a Trial Management Conference?
Who among the following is NOT authorized to sue in their own names for another's benefit?
Who among the following is NOT authorized to sue in their own names for another's benefit?
What condition must be met for a county, city, or town to be identified as a party in a legal action?
What condition must be met for a county, city, or town to be identified as a party in a legal action?
In what situation can a plaintiff sue a surety or endorser without joining the principal obligor?
In what situation can a plaintiff sue a surety or endorser without joining the principal obligor?
Which entity or individual may bring a lawsuit on behalf of a minor if the minor has no conservator or guardian?
Which entity or individual may bring a lawsuit on behalf of a minor if the minor has no conservator or guardian?
What is the consequence of an action being initiated by a personal representative for a decedent?
What is the consequence of an action being initiated by a personal representative for a decedent?
Which type of authority is required for parents married but legally separated to bring an action on behalf of a minor?
Which type of authority is required for parents married but legally separated to bring an action on behalf of a minor?
What is required if the minor's legal parents are not married and one has sole legal decision-making authority?
What is required if the minor's legal parents are not married and one has sole legal decision-making authority?
In what circumstance can an interested person apply to set aside a judgment against a personal representative?
In what circumstance can an interested person apply to set aside a judgment against a personal representative?
Who has the authority to sue on behalf of a minor if there is joint legal decision-making authority by the parents who are married?
Who has the authority to sue on behalf of a minor if there is joint legal decision-making authority by the parents who are married?
What should happen if a real party in interest is not joined before the prosecution of an action?
What should happen if a real party in interest is not joined before the prosecution of an action?
What is the role of a public officer's title in legal proceedings?
What is the role of a public officer's title in legal proceedings?
Under what condition can a parent with sole legal decision-making authority enact a legal action for their minor regardless of the other parent's involvement?
Under what condition can a parent with sole legal decision-making authority enact a legal action for their minor regardless of the other parent's involvement?
What is stipulated if a party is unable to ascertain the residence of the principal obligor in a lawsuit?
What is stipulated if a party is unable to ascertain the residence of the principal obligor in a lawsuit?
What must a court provide to support a minor's guardian ad litem's ability to sue?
What must a court provide to support a minor's guardian ad litem's ability to sue?
Under what condition can one parent bring an action without the other parent's consent if they are both legal parents of a minor?
Under what condition can one parent bring an action without the other parent's consent if they are both legal parents of a minor?
What determines if a parent with terminated parental rights can bring an action on behalf of their minor child?
What determines if a parent with terminated parental rights can bring an action on behalf of their minor child?
Who has the authority to bring a legal action on behalf of an incapacitated person?
Who has the authority to bring a legal action on behalf of an incapacitated person?
What is the primary role of a guardian ad litem (GAL) appointed for an allegedly incapacitated person?
What is the primary role of a guardian ad litem (GAL) appointed for an allegedly incapacitated person?
What is one of the powers granted to a guardian ad litem (GAL) regarding the subject person’s records?
What is one of the powers granted to a guardian ad litem (GAL) regarding the subject person’s records?
In what scenario can a court appoint a guardian ad litem without a motion by a party?
In what scenario can a court appoint a guardian ad litem without a motion by a party?
In what circumstance may the GAL not disclose communications with the subject person?
In what circumstance may the GAL not disclose communications with the subject person?
When a judgment in favor of a minor exceeds $10,000, whom may the minor's parent or guardian NOT receive additional funds without?
When a judgment in favor of a minor exceeds $10,000, whom may the minor's parent or guardian NOT receive additional funds without?
Which of the following is NOT part of the independent evaluation process for a subject person?
Which of the following is NOT part of the independent evaluation process for a subject person?
Which statement accurately reflects the authority of a guardian ad litem in a civil proceeding?
Which statement accurately reflects the authority of a guardian ad litem in a civil proceeding?
What must the GAL include in their report filed with the court?
What must the GAL include in their report filed with the court?
What is the impact of a guardian ad litem's appointment on the proceedings?
What is the impact of a guardian ad litem's appointment on the proceedings?
What does the appointment of a GAL not waive?
What does the appointment of a GAL not waive?
Which characteristic disqualifies an individual from being appointed as a guardian ad litem?
Which characteristic disqualifies an individual from being appointed as a guardian ad litem?
Which action may a GAL take according to the powers described?
Which action may a GAL take according to the powers described?
Which of the following actions may not impact the costs incurred in an action by or against a minor?
Which of the following actions may not impact the costs incurred in an action by or against a minor?
What is one requirement for individuals living in the same household as the subject person?
What is one requirement for individuals living in the same household as the subject person?
Under what condition can the court order a person to be joined in a civil action?
Under what condition can the court order a person to be joined in a civil action?
What is required for a guardian ad litem to remain involved in a case after their appointment?
What is required for a guardian ad litem to remain involved in a case after their appointment?
What must a GAL in a civil proceeding do if it finds that the subject person requires protection?
What must a GAL in a civil proceeding do if it finds that the subject person requires protection?
What is a requirement for joinder of claims in Arizona's civil proceedings?
What is a requirement for joinder of claims in Arizona's civil proceedings?
Who may not be compelled to produce privileged documents obtained by the GAL?
Who may not be compelled to produce privileged documents obtained by the GAL?
Which of the following is not a requirement for a guardian ad litem's qualifications?
Which of the following is not a requirement for a guardian ad litem's qualifications?
What condition must be met for a guardianship or conservatorship proceeding to continue?
What condition must be met for a guardianship or conservatorship proceeding to continue?
What happens if the court suspects a party is incapacitated and there is no guardian or conservator?
What happens if the court suspects a party is incapacitated and there is no guardian or conservator?
Which of the following is NOT considered privileged or confidential information that the GAL can access?
Which of the following is NOT considered privileged or confidential information that the GAL can access?
What is the GAL required to do upon their appointment?
What is the GAL required to do upon their appointment?
What must a GAL do if their report contains privileged information?
What must a GAL do if their report contains privileged information?
Which factor should the court NOT consider when determining if an action should proceed without a person who is required to be joined if feasible?
Which factor should the court NOT consider when determining if an action should proceed without a person who is required to be joined if feasible?
What is an essential requirement for a party asserting a claim for relief regarding a nonjoined person?
What is an essential requirement for a party asserting a claim for relief regarding a nonjoined person?
Under what condition might a court dismiss an improperly joined party?
Under what condition might a court dismiss an improperly joined party?
Which of the following is NOT a prerequisite for maintaining a class action?
Which of the following is NOT a prerequisite for maintaining a class action?
In relation to interpleader, which statement is true?
In relation to interpleader, which statement is true?
Which of the following does NOT affect the proceedings if a judgment is rendered in the absence of a required party?
Which of the following does NOT affect the proceedings if a judgment is rendered in the absence of a required party?
What is one of the primary considerations for the court regarding protective measures in a legal action?
What is one of the primary considerations for the court regarding protective measures in a legal action?
To what extent does Rule 21 address nonjoinder issues?
To what extent does Rule 21 address nonjoinder issues?
What is a critical commonality that must exist among plaintiffs when joining claims?
What is a critical commonality that must exist among plaintiffs when joining claims?
In a class action, what must the court determine about the representative parties?
In a class action, what must the court determine about the representative parties?
Which factor does NOT influence a court's determination about whether a judgment in the absence of a person is adequate?
Which factor does NOT influence a court's determination about whether a judgment in the absence of a person is adequate?
What does Rule 23 state regarding the number of class members in a class action?
What does Rule 23 state regarding the number of class members in a class action?
Which of the following is true about a party seeking interpleader?
Which of the following is true about a party seeking interpleader?
What is the first step a court must take after a class representative is sued or initiates a lawsuit?
What is the first step a court must take after a class representative is sued or initiates a lawsuit?
What does a court's certification order require regarding class counsel?
What does a court's certification order require regarding class counsel?
When is notice to class members considered adequate under Rule 23(b)(3)?
When is notice to class members considered adequate under Rule 23(b)(3)?
Which of the following is a required component of a judgment in a class action?
Which of the following is a required component of a judgment in a class action?
What must be included when a court considers a proposed settlement for a class?
What must be included when a court considers a proposed settlement for a class?
What is the court required to do if it finds grounds to give notice of a proposed settlement?
What is the court required to do if it finds grounds to give notice of a proposed settlement?
What aspect of class certification can be altered or amended according to Rule 23?
What aspect of class certification can be altered or amended according to Rule 23?
Which of the following is NOT a factor in determining the court's decision to certify an action as a class action?
Which of the following is NOT a factor in determining the court's decision to certify an action as a class action?
Which rule mandates that class members may request exclusion from the class?
Which rule mandates that class members may request exclusion from the class?
What is the court's responsibility when analyzing the adequacy of a settlement proposal?
What is the court's responsibility when analyzing the adequacy of a settlement proposal?
What does Rule 23(d) empower the court to do during the conduct of the action?
What does Rule 23(d) empower the court to do during the conduct of the action?
How may a class be addressed if it becomes too large or unwieldy?
How may a class be addressed if it becomes too large or unwieldy?
What must a proposed settlement include before a court can consider it for approval?
What must a proposed settlement include before a court can consider it for approval?
What information is a party required to disclose about a nonparty alleged to be at fault?
What information is a party required to disclose about a nonparty alleged to be at fault?
Under what condition can a party discover facts or opinions from an expert not expected to testify at trial?
Under what condition can a party discover facts or opinions from an expert not expected to testify at trial?
Which communication is exempt from the protections of Rules 26(b)(3)(A) and (B)?
Which communication is exempt from the protections of Rules 26(b)(3)(A) and (B)?
What must occur if a party learns that their notice of a nonparty at fault is materially incomplete?
What must occur if a party learns that their notice of a nonparty at fault is materially incomplete?
What is a requirement for a court to require a party to pay an expert for responding to discovery?
What is a requirement for a court to require a party to pay an expert for responding to discovery?
What does Rule 26(b)(6)(A)(i) require when a party withholds information due to privilege?
What does Rule 26(b)(6)(A)(i) require when a party withholds information due to privilege?
What commonly happens in medical malpractice actions regarding expert witnesses?
What commonly happens in medical malpractice actions regarding expert witnesses?
If a document claimed to be privileged is inadvertently produced, what must the claiming party do?
If a document claimed to be privileged is inadvertently produced, what must the claiming party do?
What is the limit on the number of retained experts a party can call to testify on an issue?
What is the limit on the number of retained experts a party can call to testify on an issue?
What type of data provided to an expert is discoverable?
What type of data provided to an expert is discoverable?
When is a party permitted to dispute the court’s alternative privilege log requirements?
When is a party permitted to dispute the court’s alternative privilege log requirements?
Which action must occur before disclosing shared opinions from an expert witness?
Which action must occur before disclosing shared opinions from an expert witness?
What is necessary for a court to allocate fault to a nonparty not disclosed in the required notice?
What is necessary for a court to allocate fault to a nonparty not disclosed in the required notice?
What must class members do to object to a class action proposal?
What must class members do to object to a class action proposal?
Under what circumstances can payments be made in connection with class member objections?
Under what circumstances can payments be made in connection with class member objections?
What is required for the court to approve a settlement in a class action previously certified under Rule 23(b)(3)?
What is required for the court to approve a settlement in a class action previously certified under Rule 23(b)(3)?
What criteria must be considered when appointing class counsel?
What criteria must be considered when appointing class counsel?
What happens if a court does not approve a motion under Rule 23(e)(5)(B) before an appeal is filed?
What happens if a court does not approve a motion under Rule 23(e)(5)(B) before an appeal is filed?
What is NOT a requirement for a complaint in a derivative action?
What is NOT a requirement for a complaint in a derivative action?
Under what circumstances must the court order notice to be given to shareholders?
Under what circumstances must the court order notice to be given to shareholders?
Under what condition can a derivative action be settled without court approval?
Under what condition can a derivative action be settled without court approval?
What is required for an action against a class of members of an unincorporated association to be maintained?
What is required for an action against a class of members of an unincorporated association to be maintained?
Which scenario allows a court to appoint interim class counsel?
Which scenario allows a court to appoint interim class counsel?
What must a class member do if they want to challenge the award of attorney's fees?
What must a class member do if they want to challenge the award of attorney's fees?
Which of the following is NOT a condition for intervention of right in court?
Which of the following is NOT a condition for intervention of right in court?
Which of the following actions would NOT be a valid reason for permissive intervention?
Which of the following actions would NOT be a valid reason for permissive intervention?
What must accompany motions for awarding attorney's fees in class actions?
What must accompany motions for awarding attorney's fees in class actions?
Which of the following is true regarding the appellate process of a certified class action?
Which of the following is true regarding the appellate process of a certified class action?
What is the procedure after a party's death if the claim has not been extinguished?
What is the procedure after a party's death if the claim has not been extinguished?
How long does a party have to file and serve a pleading in intervention after the court grants the motion?
How long does a party have to file and serve a pleading in intervention after the court grants the motion?
Which of the following best describes the duty of class counsel?
Which of the following best describes the duty of class counsel?
What happens if a motion to substitute is not made within the specified time frame after noting death?
What happens if a motion to substitute is not made within the specified time frame after noting death?
What action can members take if they disagree with the proposal of a settlement?
What action can members take if they disagree with the proposal of a settlement?
What must a public officer's counsel do prior to proceeding with the substituted party's name?
What must a public officer's counsel do prior to proceeding with the substituted party's name?
When can the court appoint a guardian ad litem for a party?
When can the court appoint a guardian ad litem for a party?
What must class counsel provide upon the court's request during the appointment process?
What must class counsel provide upon the court's request during the appointment process?
What must someone filing a statement noting death serve on other parties?
What must someone filing a statement noting death serve on other parties?
In discovery, which of the following methods is NOT included under the methods a party may use?
In discovery, which of the following methods is NOT included under the methods a party may use?
When can the court alter the limits on discovery methods, such as depositions and interrogatories?
When can the court alter the limits on discovery methods, such as depositions and interrogatories?
What must an intervenor attach to their motion to intervene?
What must an intervenor attach to their motion to intervene?
Which of the following accurately describes a public officer's status in relation to an ongoing action?
Which of the following accurately describes a public officer's status in relation to an ongoing action?
What is required for the court to allow discovery of electronically stored information that is not readily accessible?
What is required for the court to allow discovery of electronically stored information that is not readily accessible?
What is a primary consideration for the court when exercising discretion over permissive intervention?
What is a primary consideration for the court when exercising discretion over permissive intervention?
Which type of information is a party NOT entitled to discover from an opposing party without a court order?
Which type of information is a party NOT entitled to discover from an opposing party without a court order?
What must a party show to discover documents prepared in anticipation of litigation?
What must a party show to discover documents prepared in anticipation of litigation?
What is required if a party's interest is transferred in the context of a lawsuit?
What is required if a party's interest is transferred in the context of a lawsuit?
Which guideline governs the procedural requirements when filing a motion to intervene?
Which guideline governs the procedural requirements when filing a motion to intervene?
Under which condition can a party NOT obtain discovery of electronically stored information?
Under which condition can a party NOT obtain discovery of electronically stored information?
What does Rule 26(b)(3)(A) generally protect against in discovery?
What does Rule 26(b)(3)(A) generally protect against in discovery?
What is a critical factor in determining the scope of discovery?
What is a critical factor in determining the scope of discovery?
Which statement regarding work product protection under Rule 26(b)(3) is true?
Which statement regarding work product protection under Rule 26(b)(3) is true?
What must be proven in order for a party to discover a previous statement made by themselves?
What must be proven in order for a party to discover a previous statement made by themselves?
Which is a limitation on the frequency and extent of discovery?
Which is a limitation on the frequency and extent of discovery?
Which of the following is true regarding requests for production of documents?
Which of the following is true regarding requests for production of documents?
What is the purpose of Rule 26(e) in connection with electronically stored information?
What is the purpose of Rule 26(e) in connection with electronically stored information?
What must a party do after being notified of a claim regarding electronically stored information?
What must a party do after being notified of a claim regarding electronically stored information?
Which of the following actions is NOT a reason for a party to move for a protective order?
Which of the following actions is NOT a reason for a party to move for a protective order?
What is required of the party moving for a confidentiality order?
What is required of the party moving for a confidentiality order?
Which condition must be met for a court to issue a sealing order under Rule 26(c)?
Which condition must be met for a court to issue a sealing order under Rule 26(c)?
What burden of proof is required for entering a confidentiality order?
What burden of proof is required for entering a confidentiality order?
Under what circumstances may a court enter a protective order that limits discovery?
Under what circumstances may a court enter a protective order that limits discovery?
What is the implication of a party disclosing information before being notified of a claim?
What is the implication of a party disclosing information before being notified of a claim?
What provision allows a party to submit a joint statement regarding a discovery dispute?
What provision allows a party to submit a joint statement regarding a discovery dispute?
Which option does NOT represent a condition for the issuance of a sealing order?
Which option does NOT represent a condition for the issuance of a sealing order?
What is the maximum length for the explanatory text in a joint statement of discovery dispute?
What is the maximum length for the explanatory text in a joint statement of discovery dispute?
Which option is a reason for a court to deny a motion for a protective order?
Which option is a reason for a court to deny a motion for a protective order?
What must a party prove before a court can deny an intervenor's request for access to discovery materials?
What must a party prove before a court can deny an intervenor's request for access to discovery materials?
Which of the following would typically be included in findings of fact when ruling on a motion for a confidentiality order?
Which of the following would typically be included in findings of fact when ruling on a motion for a confidentiality order?
What action should a party take if they obtain a sealing order?
What action should a party take if they obtain a sealing order?
What is necessary for a party to justify a request for discovery of electronically stored information due to undue burden or expense?
What is necessary for a party to justify a request for discovery of electronically stored information due to undue burden or expense?
Which of the following factors does NOT influence the determination of undue burden or expense in discovery?
Which of the following factors does NOT influence the determination of undue burden or expense in discovery?
What must a party do if they learn their discovery response has become materially incomplete or incorrect?
What must a party do if they learn their discovery response has become materially incomplete or incorrect?
What must accompany any motion related to discovery or disclosure disputes?
What must accompany any motion related to discovery or disclosure disputes?
Which of the following factors is NOT part of the good cause consideration for compelling discovery?
Which of the following factors is NOT part of the good cause consideration for compelling discovery?
Under what circumstance might a court impose conditions on discovery or disclosure?
Under what circumstance might a court impose conditions on discovery or disclosure?
Which of the following best describes the court's role when deciding on the accessibility of electronically stored information?
Which of the following best describes the court's role when deciding on the accessibility of electronically stored information?
What is a possible sanction the court may impose for unreasonable conduct during discovery?
What is a possible sanction the court may impose for unreasonable conduct during discovery?
What is one factor the court considers when evaluating whether good cause exists for requested disclosure?
What is one factor the court considers when evaluating whether good cause exists for requested disclosure?
What should a party do if they want to prevent discovery due to the expense involved?
What should a party do if they want to prevent discovery due to the expense involved?
When can a party seek discovery from any source?
When can a party seek discovery from any source?
Which of the following is NOT a factor the court considers in assessing whether conditions should be imposed on discovery?
Which of the following is NOT a factor the court considers in assessing whether conditions should be imposed on discovery?
What is the maximum time a party has to supplement or correct a discovery response?
What is the maximum time a party has to supplement or correct a discovery response?
What must be included in a disclosure statement regarding expert testimony?
What must be included in a disclosure statement regarding expert testimony?
Which piece of information is NOT required in the disclosure regarding tangible evidence?
Which piece of information is NOT required in the disclosure regarding tangible evidence?
In the context of Rule 26.1, which of the following must be disclosed about damages?
In the context of Rule 26.1, which of the following must be disclosed about damages?
What is required regarding witnesses in a disclosure statement?
What is required regarding witnesses in a disclosure statement?
Which insurance-related information must a party disclose?
Which insurance-related information must a party disclose?
Which type of information must be disclosed regarding individuals with knowledge relevant to the action?
Which type of information must be disclosed regarding individuals with knowledge relevant to the action?
What is NOT required for the disclosure of damages testimony witnesses?
What is NOT required for the disclosure of damages testimony witnesses?
Which category of information is NOT included in the disclosure statement requirements?
Which category of information is NOT included in the disclosure statement requirements?
Which types of cases generally belong in Tier 3?
Which types of cases generally belong in Tier 3?
What factor is NOT considered when determining good cause for varying a case's tier?
What factor is NOT considered when determining good cause for varying a case's tier?
What is the time frame for a party to supplement their disclosure of remaining dollar limits of coverage after a written request?
What is the time frame for a party to supplement their disclosure of remaining dollar limits of coverage after a written request?
What is the maximum number of hours for fact witness depositions allowed in Tier 2 cases?
What is the maximum number of hours for fact witness depositions allowed in Tier 2 cases?
Which document type is explicitly excluded from being defined as an insurance policy?
Which document type is explicitly excluded from being defined as an insurance policy?
For cases in Tier 1, which of the following is the discovery limit for Rule 33 interrogatories?
For cases in Tier 1, which of the following is the discovery limit for Rule 33 interrogatories?
How must hard-copy documents be produced for inspection?
How must hard-copy documents be produced for inspection?
What happens if a court evaluates a case for tiering and does not assign it within the specified time frame?
What happens if a court evaluates a case for tiering and does not assign it within the specified time frame?
What is required of parties when electronically stored information is disclosed or discovered?
What is required of parties when electronically stored information is disclosed or discovered?
Which tier specifically addresses cases claiming damages of $300,000 or more?
Which tier specifically addresses cases claiming damages of $300,000 or more?
What should parties discuss at the conference regarding electronically stored information?
What should parties discuss at the conference regarding electronically stored information?
What is the presumptive form of production for electronically stored information?
What is the presumptive form of production for electronically stored information?
Which type of relief is excluded from the determination of damages for tiering purposes?
Which type of relief is excluded from the determination of damages for tiering purposes?
Which rule applies to the disclosure of electronically stored information?
Which rule applies to the disclosure of electronically stored information?
What is required for obtaining discovery beyond the limits established in Rule 26.2(f)?
What is required for obtaining discovery beyond the limits established in Rule 26.2(f)?
When must expert testimony disclosures comply with specific rules?
When must expert testimony disclosures comply with specific rules?
Which of the following tiers allows for the longest duration to complete discovery?
Which of the following tiers allows for the longest duration to complete discovery?
In the absence of stipulation or court order, what must be provided by each party for expert witnesses?
In the absence of stipulation or court order, what must be provided by each party for expert witnesses?
Under what condition can parties request an assignment to a different tier than initially determined?
Under what condition can parties request an assignment to a different tier than initially determined?
How does the amount of damages claimed influence the assignment of cases to tiers?
How does the amount of damages claimed influence the assignment of cases to tiers?
What must happen if a party withholds hard-copy documents?
What must happen if a party withholds hard-copy documents?
What is the minimum damage claim required for a case to fall under Tier 2?
What is the minimum damage claim required for a case to fall under Tier 2?
Which provision addresses inadvertent production of privileged information?
Which provision addresses inadvertent production of privileged information?
What must the parties agree upon concerning the preservation of electronically stored information?
What must the parties agree upon concerning the preservation of electronically stored information?
Which discovery tool has the fewest number of requests permitted in a Tier 1 case?
Which discovery tool has the fewest number of requests permitted in a Tier 1 case?
What is the general requirement for disclosing the identity of expert witnesses?
What is the general requirement for disclosing the identity of expert witnesses?
What must be included in the disclosure if an expert witness is not required to provide a written report?
What must be included in the disclosure if an expert witness is not required to provide a written report?
Which of the following is NOT a requirement for an expert witness who must provide a signed written report?
Which of the following is NOT a requirement for an expert witness who must provide a signed written report?
What is the purpose of the disclosure requirements under Rule 26.1?
What is the purpose of the disclosure requirements under Rule 26.1?
If a party discovers new evidence within 30 days of a hearing, what is their obligation according to the disclosure requirements?
If a party discovers new evidence within 30 days of a hearing, what is their obligation according to the disclosure requirements?
What is one of the key characteristics of a Tier 1 case?
What is one of the key characteristics of a Tier 1 case?
Which statement about the continuing duty of disclosure is accurate?
Which statement about the continuing duty of disclosure is accurate?
What consequence must a party adhere to if they obtain information late, within the 60 days before trial?
What consequence must a party adhere to if they obtain information late, within the 60 days before trial?
In what form must each disclosure be made, according to the legal requirements?
In what form must each disclosure be made, according to the legal requirements?
What specific data must be included when an expert is required to disclose their opinions?
What specific data must be included when an expert is required to disclose their opinions?
Which of the following describes the tiered limits to discovery based on case attributes?
Which of the following describes the tiered limits to discovery based on case attributes?
What must an expert include in their report regarding compensation?
What must an expert include in their report regarding compensation?
Under which condition is a court authorized to grant alternative methods of service?
Under which condition is a court authorized to grant alternative methods of service?
What role does Rule 37(c)(4) play in the discovery process?
What role does Rule 37(c)(4) play in the discovery process?
What is the key distinction between Tier 2 and Tier 3 cases?
What is the key distinction between Tier 2 and Tier 3 cases?
What must a party seeking to perpetuate testimony demonstrate in their verified petition?
What must a party seeking to perpetuate testimony demonstrate in their verified petition?
Under Rule 26.3(a)(2), what is the timeline for a defendant to serve medical records after receiving them from the plaintiff?
Under Rule 26.3(a)(2), what is the timeline for a defendant to serve medical records after receiving them from the plaintiff?
In a case with multiple parties on one side, what can the court do regarding deposition hours?
In a case with multiple parties on one side, what can the court do regarding deposition hours?
What is a requirement mentioned regarding the timing of expert disclosures in medical malpractice actions?
What is a requirement mentioned regarding the timing of expert disclosures in medical malpractice actions?
What action must a petitioner take if the expected adverse parties do not agree to the requested discovery?
What action must a petitioner take if the expected adverse parties do not agree to the requested discovery?
What should be included by the plaintiff when serving medical records to the defendant?
What should be included by the plaintiff when serving medical records to the defendant?
What can the court do if one group of parties has more deposition time than another group with common interests?
What can the court do if one group of parties has more deposition time than another group with common interests?
What is NOT a requirement for the information included in a petition to perpetuate testimony?
What is NOT a requirement for the information included in a petition to perpetuate testimony?
What must a party provide if they obtain medical records using a medical records authorization?
What must a party provide if they obtain medical records using a medical records authorization?
When may the court order service by publication for expected adverse parties?
When may the court order service by publication for expected adverse parties?
What is a key characteristic regarding the hearing required for perpetuating testimony?
What is a key characteristic regarding the hearing required for perpetuating testimony?
What must accompany the affidavit for service by publication?
What must accompany the affidavit for service by publication?
What must be demonstrated for a party to use alternative means of service?
What must be demonstrated for a party to use alternative means of service?
What limitation exists regarding the exchange of medical records?
What limitation exists regarding the exchange of medical records?
Which action is required if expected adverse parties are served with a petition to perpetuate testimony?
Which action is required if expected adverse parties are served with a petition to perpetuate testimony?
Which method is NOT allowable for serving opposition on the petitioner and other parties?
Which method is NOT allowable for serving opposition on the petitioner and other parties?
What is a requirement for the appointment of counsel for an expected adverse party?
What is a requirement for the appointment of counsel for an expected adverse party?
Which of the following is NOT part of the order that must be issued when perpetuating testimony?
Which of the following is NOT part of the order that must be issued when perpetuating testimony?
Under what condition may discovery authorized by the court be used?
Under what condition may discovery authorized by the court be used?
What is true regarding a deposition taken in a foreign country?
What is true regarding a deposition taken in a foreign country?
Which of the following statements about letters of request is true?
Which of the following statements about letters of request is true?
What is the consequence of filing a written objection before the issuance of a letter of request?
What is the consequence of filing a written objection before the issuance of a letter of request?
What is required of a motion to perpetuate testimony under these rules?
What is required of a motion to perpetuate testimony under these rules?
Which requirement does NOT apply for a deposition taken within the United States?
Which requirement does NOT apply for a deposition taken within the United States?
Which of the following individuals may NOT be deposed according to the rules?
Which of the following individuals may NOT be deposed according to the rules?
What happens if an expected adverse party is not served properly?
What happens if an expected adverse party is not served properly?
What is required before a plaintiff can take a deposition of a defendant less than 30 days after serving the summons?
What is required before a plaintiff can take a deposition of a defendant less than 30 days after serving the summons?
When is a party allowed to conduct discovery after a judgment has been rendered?
When is a party allowed to conduct discovery after a judgment has been rendered?
What procedure must an officer follow at the conclusion of a deposition?
What procedure must an officer follow at the conclusion of a deposition?
What must be included in a return of service document for a person identified by a fictitious name?
What must be included in a return of service document for a person identified by a fictitious name?
Which of the following is NOT mentioned as a party that can be compelled to attend a deposition?
Which of the following is NOT mentioned as a party that can be compelled to attend a deposition?
How should a party notify about the matters for examination in a deposition of an entity?
How should a party notify about the matters for examination in a deposition of an entity?
What must a written notice for a deposition include according to the rules?
What must a written notice for a deposition include according to the rules?
What is indicated about the execution of proof of service by a private process server?
What is indicated about the execution of proof of service by a private process server?
What requirements must be met for an objection made during a deposition?
What requirements must be met for an objection made during a deposition?
Which provision regarding foreign depositions is NOT true?
Which provision regarding foreign depositions is NOT true?
What limitation is placed on the duration of a deposition unless agreed otherwise?
What limitation is placed on the duration of a deposition unless agreed otherwise?
According to the rules, what may a party do if they want to record the deposition by a method not originally stated?
According to the rules, what may a party do if they want to record the deposition by a method not originally stated?
Which party typically bears the cost of transcription for a deposition?
Which party typically bears the cost of transcription for a deposition?
Which statement applies when a deposition is conducted in bad faith?
Which statement applies when a deposition is conducted in bad faith?
What must be included in a deposition taken by remote means?
What must be included in a deposition taken by remote means?
When can a deponent refuse to answer a question during the deposition?
When can a deponent refuse to answer a question during the deposition?
What must be done if the officer recording the deposition is not present for the entire process?
What must be done if the officer recording the deposition is not present for the entire process?
Under what condition can a party compel a nonparty witness to attend a deposition?
Under what condition can a party compel a nonparty witness to attend a deposition?
What is a necessary condition for extending the time for responses to discovery under Rule 29?
What is a necessary condition for extending the time for responses to discovery under Rule 29?
Which of the following must an entity do when designating persons to testify on its behalf?
Which of the following must an entity do when designating persons to testify on its behalf?
What must an officer certify in a deposition record?
What must an officer certify in a deposition record?
What should a deponent do if there are changes to be made to their recorded testimony after review?
What should a deponent do if there are changes to be made to their recorded testimony after review?
What does Rule 30 state about deposing a person who has already been deposed in the action?
What does Rule 30 state about deposing a person who has already been deposed in the action?
What information must the officer administering the deposition include in their preliminary statement?
What information must the officer administering the deposition include in their preliminary statement?
Which option describes a preferred method for participating in a deposition through written questions?
Which option describes a preferred method for participating in a deposition through written questions?
In which situation may an officer NOT require the sealing of a deposition?
In which situation may an officer NOT require the sealing of a deposition?
What restriction exists for conferences between a deponent and their counsel during a deposition?
What restriction exists for conferences between a deponent and their counsel during a deposition?
What happens to a deposition if a party shows they were unable to obtain counsel despite diligent efforts?
What happens to a deposition if a party shows they were unable to obtain counsel despite diligent efforts?
What must parties do with documents produced during a deposition?
What must parties do with documents produced during a deposition?
What is one condition that allows the deposition of an incarcerated person?
What is one condition that allows the deposition of an incarcerated person?
What is the consequence of a party failing to appear within 30 minutes of a scheduled deposition?
What is the consequence of a party failing to appear within 30 minutes of a scheduled deposition?
How long does the noticing party have to serve additional questions after receiving a deposition notice?
How long does the noticing party have to serve additional questions after receiving a deposition notice?
Which option is NOT a permitted method of recording deposition testimony?
Which option is NOT a permitted method of recording deposition testimony?
What should counsel do if they object to a question during deposition?
What should counsel do if they object to a question during deposition?
What happens if a subpoena is not served on a nonparty deponent?
What happens if a subpoena is not served on a nonparty deponent?
In the notice of a deposition, what must be stated if the deponent's name is unknown?
In the notice of a deposition, what must be stated if the deponent's name is unknown?
What is required for a party to depose an incarcerated person?
What is required for a party to depose an incarcerated person?
What must an officer do regarding the retention of deposition records?
What must an officer do regarding the retention of deposition records?
When must the noticing party deliver copies of questions to the officer?
When must the noticing party deliver copies of questions to the officer?
Which parties can be deposed by written questions without the need for a subpoena?
Which parties can be deposed by written questions without the need for a subpoena?
What must be marked and attached for inspection during a deposition?
What must be marked and attached for inspection during a deposition?
What is the time frame for serving redirect questions?
What is the time frame for serving redirect questions?
What documentation is necessary alongside a waiver request?
What documentation is necessary alongside a waiver request?
What must a party file if they wish to object to a written question?
What must a party file if they wish to object to a written question?
What must an officer do after taking a deponent's testimony according to Rule 30?
What must an officer do after taking a deponent's testimony according to Rule 30?
Under what conditions can a deposition taken in another action be used in court?
Under what conditions can a deposition taken in another action be used in court?
Which requirement must be met for a party to object to a deposition's admissibility during a trial?
Which requirement must be met for a party to object to a deposition's admissibility during a trial?
What is the maximum allowable number of interrogatories served by one party to another?
What is the maximum allowable number of interrogatories served by one party to another?
What must accompany a party's presentation of deposition testimony in court?
What must accompany a party's presentation of deposition testimony in court?
When can a party object to the qualifications of the officer taking a deposition?
When can a party object to the qualifications of the officer taking a deposition?
What component must be included when filing a motion to suppress a deposition?
What component must be included when filing a motion to suppress a deposition?
If a party offers only part of a deposition in evidence, what may the court require?
If a party offers only part of a deposition in evidence, what may the court require?
What is a permissible content of an interrogatory according to Rule 33?
What is a permissible content of an interrogatory according to Rule 33?
Which of the following statements about opposing parties’ presence during a deposition is true?
Which of the following statements about opposing parties’ presence during a deposition is true?
What happens if a party fails to object to the method of recording a deposition?
What happens if a party fails to object to the method of recording a deposition?
If a deponent is not available for trial, when can their deposition still be used?
If a deponent is not available for trial, when can their deposition still be used?
What is the effect of a party's objection to an interrogatory based on its relevance?
What is the effect of a party's objection to an interrogatory based on its relevance?
What is the required action if a party raises an objection to an interrogatory?
What is the required action if a party raises an objection to an interrogatory?
Under what condition can a responding party serve answers and objections within 60 days?
Under what condition can a responding party serve answers and objections within 60 days?
What must a responding party do when answering interrogatories according to the rules?
What must a responding party do when answering interrogatories according to the rules?
What is needed for a proper objection to an interrogatory?
What is needed for a proper objection to an interrogatory?
In what circumstances may a responding party produce business records as an answer to an interrogatory?
In what circumstances may a responding party produce business records as an answer to an interrogatory?
Which of the following is true regarding the signature requirements for responses to interrogatories?
Which of the following is true regarding the signature requirements for responses to interrogatories?
Which of the following requirements must be fulfilled when making a request to produce documents?
Which of the following requirements must be fulfilled when making a request to produce documents?
What should a response include when there are objections to a request for production of documents?
What should a response include when there are objections to a request for production of documents?
What should a party do if they intend to object to the form of producing electronically stored information?
What should a party do if they intend to object to the form of producing electronically stored information?
What is required in the request for production when specifying items?
What is required in the request for production when specifying items?
What happens if the responding party fails to object to specific grounds in time?
What happens if the responding party fails to object to specific grounds in time?
What must a party include in their interrogatory answer as part of the response?
What must a party include in their interrogatory answer as part of the response?
How many days does a party generally have to respond to a request for production unless extended by agreement or court order?
How many days does a party generally have to respond to a request for production unless extended by agreement or court order?
How must a party produce documents if no specific format is requested?
How must a party produce documents if no specific format is requested?
What is true about a party's obligation regarding producing the same electronically stored information?
What is true about a party's obligation regarding producing the same electronically stored information?
Under what condition can the court NOT order a payment of expenses incurred by the movant when the motion is denied?
Under what condition can the court NOT order a payment of expenses incurred by the movant when the motion is denied?
What must be included in the written notice for a physical or mental examination?
What must be included in the written notice for a physical or mental examination?
What type of sanctions may the court impose for failure to comply with a discovery order, aside from imposing costs?
What type of sanctions may the court impose for failure to comply with a discovery order, aside from imposing costs?
Who may object to the examination as per the rules?
Who may object to the examination as per the rules?
Which of the following statements is true regarding the court's handling of a late disclosure?
Which of the following statements is true regarding the court's handling of a late disclosure?
What can occur if a party fails to promptly produce a witness for examination as required?
What can occur if a party fails to promptly produce a witness for examination as required?
What is required if a party wishes to have their representative present during an examination?
What is required if a party wishes to have their representative present during an examination?
What can be recorded during a physical or mental examination without disrupting the process?
What can be recorded during a physical or mental examination without disrupting the process?
In the case of inaccurate disclosure, what type of reimbursement may a party be ordered to provide?
In the case of inaccurate disclosure, what type of reimbursement may a party be ordered to provide?
What does the court require from a party that wishes to use information disclosed late in the process?
What does the court require from a party that wishes to use information disclosed late in the process?
What happens if a party or person fails to attend an examination as noticed or ordered?
What happens if a party or person fails to attend an examination as noticed or ordered?
What is a potential sanction if a party fails to timely disclose required information?
What is a potential sanction if a party fails to timely disclose required information?
What is the timeline for the examiner to prepare and produce a report after an examination?
What is the timeline for the examiner to prepare and produce a report after an examination?
What condition must be met for the court to order a physical or mental examination?
What condition must be met for the court to order a physical or mental examination?
Which circumstance allows the court to impose an award of expenses for a motion that is partially granted?
Which circumstance allows the court to impose an award of expenses for a motion that is partially granted?
What is required for a party to obtain earlier reports of examinations involving the same condition?
What is required for a party to obtain earlier reports of examinations involving the same condition?
What may happen to a deponent who fails to answer a court-ordered question?
What may happen to a deponent who fails to answer a court-ordered question?
What can lead the court to inform the jury about a party's disclosure failure?
What can lead the court to inform the jury about a party's disclosure failure?
What implicit result occurs when a party requests and obtains an examiner's report?
What implicit result occurs when a party requests and obtains an examiner's report?
What must a party demonstrate to the court when seeking to use late-disclosed information?
What must a party demonstrate to the court when seeking to use late-disclosed information?
When is a party entitled to object regarding the method of recording an examination?
When is a party entitled to object regarding the method of recording an examination?
How can a party compel a nonparty to produce documents?
How can a party compel a nonparty to produce documents?
Which circumstance would NOT justify an award of reasonable expenses caused by a failure to comply with a court order?
Which circumstance would NOT justify an award of reasonable expenses caused by a failure to comply with a court order?
What might the court do if a party fails to respond or disclose due to inadequate communication?
What might the court do if a party fails to respond or disclose due to inadequate communication?
What is a key responsibility of the party requesting a physical or mental examination?
What is a key responsibility of the party requesting a physical or mental examination?
What happens if a party does not respond to a request for admission within the specified time frame?
What happens if a party does not respond to a request for admission within the specified time frame?
Under which condition can a party assert lack of knowledge as a reason for not admitting or denying a matter?
Under which condition can a party assert lack of knowledge as a reason for not admitting or denying a matter?
What action can a requesting party take if they believe an answer to a request for admission is insufficient?
What action can a requesting party take if they believe an answer to a request for admission is insufficient?
What must accompany a request to admit the genuineness of a document?
What must accompany a request to admit the genuineness of a document?
Which of the following best describes the consequences of an admission made under Rule 36?
Which of the following best describes the consequences of an admission made under Rule 36?
What is required for a party to successfully withdraw or amend an admission?
What is required for a party to successfully withdraw or amend an admission?
What constitutes a valid objection to a request for admission?
What constitutes a valid objection to a request for admission?
In terms of time, when should a defendant respond to a request for admission after being served?
In terms of time, when should a defendant respond to a request for admission after being served?
What action must a party take if they fail to comply with a request for discovery?
What action must a party take if they fail to comply with a request for discovery?
What statement correctly describes how a denial must be articulated in response to a request for admission?
What statement correctly describes how a denial must be articulated in response to a request for admission?
What is the primary avenue for a party to compel the opposing party to respond to a discovery request?
What is the primary avenue for a party to compel the opposing party to respond to a discovery request?
What is a necessary condition for a motion regarding discovery to be valid according to the rules?
What is a necessary condition for a motion regarding discovery to be valid according to the rules?
Which of the following best describes the manner in which objections must be presented?
Which of the following best describes the manner in which objections must be presented?
What is the purpose of the numeric limits prescribed in Rule 26.2(f) for requests for admission?
What is the purpose of the numeric limits prescribed in Rule 26.2(f) for requests for admission?
In the context of discovery, what could be considered an evasive answer?
In the context of discovery, what could be considered an evasive answer?
What must a motion supported by affidavit demonstrate regarding the discovery of information?
What must a motion supported by affidavit demonstrate regarding the discovery of information?
What can the court impose if a party knowingly fails to disclose unfavorable information?
What can the court impose if a party knowingly fails to disclose unfavorable information?
Under what condition can a requesting party recover expenses if the other party fails to admit a request?
Under what condition can a requesting party recover expenses if the other party fails to admit a request?
Which of the following is an acceptable reason for failing to appear for a deposition?
Which of the following is an acceptable reason for failing to appear for a deposition?
What should be attached to a motion for sanctions for failing to respond?
What should be attached to a motion for sanctions for failing to respond?
If a party fails to preserve electronically stored information, what may the court order?
If a party fails to preserve electronically stored information, what may the court order?
What does a court consider when determining whether reasonable steps to preserve electronic information were taken?
What does a court consider when determining whether reasonable steps to preserve electronic information were taken?
What can be presumed if electronically stored information is lost due to a party's intent to deprive another party?
What can be presumed if electronically stored information is lost due to a party's intent to deprive another party?
What type of sanctions may be imposed for failing to act according to the rules?
What type of sanctions may be imposed for failing to act according to the rules?
When must a party begin to take steps to preserve electronically stored information?
When must a party begin to take steps to preserve electronically stored information?
Under what condition may expenses from a failure to produce be waived?
Under what condition may expenses from a failure to produce be waived?
What factors are considered to determine if electronically stored information had probative value?
What factors are considered to determine if electronically stored information had probative value?
What happens if information that should have been preserved is lost due to party negligence?
What happens if information that should have been preserved is lost due to party negligence?
What sanction might be appropriate if a party fails to respond to a request for production?
What sanction might be appropriate if a party fails to respond to a request for production?
What conditions must be met for a waiver of the right to a jury trial to be valid?
What conditions must be met for a waiver of the right to a jury trial to be valid?
Which statement regarding postponements of trials is true?
Which statement regarding postponements of trials is true?
Under the rules, how is the time frame for notifying parties of the trial date described?
Under the rules, how is the time frame for notifying parties of the trial date described?
What is NOT a valid reason for a court to postpone a trial?
What is NOT a valid reason for a court to postpone a trial?
What happens if parties do not specify issues in their waiver of jury trial stipulation?
What happens if parties do not specify issues in their waiver of jury trial stipulation?
What characterizes the requirement for corroborating evidence when seeking a postponement?
What characterizes the requirement for corroborating evidence when seeking a postponement?
Which of the following is a requirement for a written stipulation to be valid?
Which of the following is a requirement for a written stipulation to be valid?
Which action is permitted regarding jury trial waiver under the rules?
Which action is permitted regarding jury trial waiver under the rules?
Which party is generally required to make the first and last closing argument in a trial?
Which party is generally required to make the first and last closing argument in a trial?
What is the order for introducing evidence unless the court directs otherwise?
What is the order for introducing evidence unless the court directs otherwise?
When may a juror submit written questions directed to the court or witnesses?
When may a juror submit written questions directed to the court or witnesses?
What must happen to juror notes and notebooks after the jury is discharged?
What must happen to juror notes and notebooks after the jury is discharged?
Which of the following is NOT a duty the officer in charge of jurors must follow?
Which of the following is NOT a duty the officer in charge of jurors must follow?
Under what condition may juror deliberations occur outside normal work hours?
Under what condition may juror deliberations occur outside normal work hours?
What does the court do if the jury advises it has reached an impasse?
What does the court do if the jury advises it has reached an impasse?
Which statement regarding juror discussions is true before deliberations are completed?
Which statement regarding juror discussions is true before deliberations are completed?
What must the moving party include in the affidavit when seeking to postpone due to a witness's unavailability?
What must the moving party include in the affidavit when seeking to postpone due to a witness's unavailability?
Under what condition may a motion for postponement be denied?
Under what condition may a motion for postponement be denied?
Under what condition can a court exclude minors from a courtroom during a proceeding?
Under what condition can a court exclude minors from a courtroom during a proceeding?
When can closing arguments be made in relation to jury instructions?
When can closing arguments be made in relation to jury instructions?
What happens if a jury is discharged without rendering a verdict?
What happens if a jury is discharged without rendering a verdict?
What is the effect of a notice of dismissal filed by the plaintiff before the defendant answers?
What is the effect of a notice of dismissal filed by the plaintiff before the defendant answers?
What renders a notice of change of judge ineffective?
What renders a notice of change of judge ineffective?
Which factor is NOT considered by judges when resolving scheduling conflicts between trials?
Which factor is NOT considered by judges when resolving scheduling conflicts between trials?
What must happen if an action remains on the Dismissal Calendar for 60 days?
What must happen if an action remains on the Dismissal Calendar for 60 days?
What is true regarding involuntary dismissal of a case?
What is true regarding involuntary dismissal of a case?
What is the purpose of allowing jurors access to notes and notebooks during recesses?
What is the purpose of allowing jurors access to notes and notebooks during recesses?
Which of the following does NOT constitute a waiver of the right to change a judge?
Which of the following does NOT constitute a waiver of the right to change a judge?
What must a party do to seek a change of judge for cause?
What must a party do to seek a change of judge for cause?
What must the court instruct jurors about discussing the evidence during trial?
What must the court instruct jurors about discussing the evidence during trial?
What does a limited waiver of the right to trial by jury specify?
What does a limited waiver of the right to trial by jury specify?
When can a voluntary dismissal of a counterclaim be made under Rule 41?
When can a voluntary dismissal of a counterclaim be made under Rule 41?
What condition allows a court to dismiss a previously dismissed action based on the same claim?
What condition allows a court to dismiss a previously dismissed action based on the same claim?
How long does a party have to file an affidavit seeking a change of judge for cause after discovering grounds?
How long does a party have to file an affidavit seeking a change of judge for cause after discovering grounds?
What role does an advisory jury play in court proceedings?
What role does an advisory jury play in court proceedings?
Under what circumstances can omitted testimony be introduced?
Under what circumstances can omitted testimony be introduced?
What actions may the named judge take if the affidavit for a change of judge for cause is filed?
What actions may the named judge take if the affidavit for a change of judge for cause is filed?
Which of the following actions is NOT governed by the rules for trial procedures?
Which of the following actions is NOT governed by the rules for trial procedures?
What is the primary purpose of consolidating actions in court?
What is the primary purpose of consolidating actions in court?
What requirements must be met to change a judge as a matter of right?
What requirements must be met to change a judge as a matter of right?
What requirement is necessary for a court to allow a Joint Report and Proposed Scheduling Order to avoid dismissal?
What requirement is necessary for a court to allow a Joint Report and Proposed Scheduling Order to avoid dismissal?
Which statement is true when a notice of change of judge is filed but no agreement is reached on a new judge?
Which statement is true when a notice of change of judge is filed but no agreement is reached on a new judge?
What happens if a witness's expected testimony cannot be obtained from any other source?
What happens if a witness's expected testimony cannot be obtained from any other source?
Which of the following statements is true regarding the notice requirements for a change of judge?
Which of the following statements is true regarding the notice requirements for a change of judge?
What standard does the presiding judge use to decide the issues raised in an affidavit for a change of judge?
What standard does the presiding judge use to decide the issues raised in an affidavit for a change of judge?
Which factor is prioritized when resolving trial scheduling conflicts?
Which factor is prioritized when resolving trial scheduling conflicts?
What happens if a party fails to file a notice for a change of judge within the designated time frame?
What happens if a party fails to file a notice for a change of judge within the designated time frame?
What grounds must be established for a party to seek a change of judge for cause?
What grounds must be established for a party to seek a change of judge for cause?
Under which circumstance can a court order a separate trial?
Under which circumstance can a court order a separate trial?
What must the court do immediately after the jury is sworn in?
What must the court do immediately after the jury is sworn in?
What must a party include with the notice of change of judge if they have reached an agreement on a new judge?
What must a party include with the notice of change of judge if they have reached an agreement on a new judge?
Which of the following actions is required when placing a civil action on the Dismissal Calendar?
Which of the following actions is required when placing a civil action on the Dismissal Calendar?
When may a judge to whom an action is assigned later become unavailable?
When may a judge to whom an action is assigned later become unavailable?
What must a plaintiff demonstrate in order to refile a previously dismissed action?
What must a plaintiff demonstrate in order to refile a previously dismissed action?
What must the court do if a party's waiver of the right to a jury trial is affected?
What must the court do if a party's waiver of the right to a jury trial is affected?
What type of dismissal does Rule 41(a)(2) specify?
What type of dismissal does Rule 41(a)(2) specify?
What is the role of an interpreter as defined in the rules?
What is the role of an interpreter as defined in the rules?
What is a crucial requirement when consolidating cases?
What is a crucial requirement when consolidating cases?
Which is NOT an action that prevents a party from filing a notice of change of judge?
Which is NOT an action that prevents a party from filing a notice of change of judge?
Under what condition is a notice of change of judge considered improper?
Under what condition is a notice of change of judge considered improper?
What is the first action a judge must take upon a timely filed notice for a change of judge?
What is the first action a judge must take upon a timely filed notice for a change of judge?
Under what circumstances can testimony be provided through contemporaneous transmission from a different location?
Under what circumstances can testimony be provided through contemporaneous transmission from a different location?
What must the clerk do when a party requests a subpoena?
What must the clerk do when a party requests a subpoena?
Which statement describes how a foreign official record can be authenticated?
Which statement describes how a foreign official record can be authenticated?
What is the required action if a motion relies on facts not contained in the record?
What is the required action if a motion relies on facts not contained in the record?
What is the role of the certified reporter regarding the transcription of court recordings?
What is the role of the certified reporter regarding the transcription of court recordings?
Which of the following is required for a record to be considered an official domestic record?
Which of the following is required for a record to be considered an official domestic record?
What constitutes sufficient evidence for no record existing on a specified topic?
What constitutes sufficient evidence for no record existing on a specified topic?
What must accompany an attested copy of a foreign record to be authenticated?
What must accompany an attested copy of a foreign record to be authenticated?
What action must be taken if a party intends to raise an issue concerning foreign law?
What action must be taken if a party intends to raise an issue concerning foreign law?
How should the appointment of a guardian or conservator be proved?
How should the appointment of a guardian or conservator be proved?
In what form must a subpoena be issued according to the requirements?
In what form must a subpoena be issued according to the requirements?
What must a judge do before admitting an attested copy of a foreign record without final certification?
What must a judge do before admitting an attested copy of a foreign record without final certification?
What is one way a court can authenticate a lack of a record for specific topics?
What is one way a court can authenticate a lack of a record for specific topics?
What must be retained according to the records retention schedules mentioned?
What must be retained according to the records retention schedules mentioned?
Which court must issue a subpoena commanding attendance at a trial or hearing?
Which court must issue a subpoena commanding attendance at a trial or hearing?
What is the maximum distance a subpoena can require a person to travel for a deposition or hearing?
What is the maximum distance a subpoena can require a person to travel for a deposition or hearing?
What must a subpoena commanding attendance at a deposition specify?
What must a subpoena commanding attendance at a deposition specify?
If no form is specified for electronically stored information in a subpoena, what form can the responding person provide?
If no form is specified for electronically stored information in a subpoena, what form can the responding person provide?
A command to produce documents in a subpoena must require the documents to be produced in what manner?
A command to produce documents in a subpoena must require the documents to be produced in what manner?
What must a person do if they claim privilege over information requested in a subpoena?
What must a person do if they claim privilege over information requested in a subpoena?
Under what condition does a person responding to a subpoena need not appear in person?
Under what condition does a person responding to a subpoena need not appear in person?
Which of the following is NOT a permissible method of issuing a separate subpoena to produce documents?
Which of the following is NOT a permissible method of issuing a separate subpoena to produce documents?
If a subpoena to produce electronically stored information specifies a particular form, what must be done?
If a subpoena to produce electronically stored information specifies a particular form, what must be done?
What must a person do if they identify electronically stored information as not reasonably accessible?
What must a person do if they identify electronically stored information as not reasonably accessible?
When a person withholds information due to privilege, what must they provide if requested?
When a person withholds information due to privilege, what must they provide if requested?
Which provision governs objections to a subpoena commanding attendance?
Which provision governs objections to a subpoena commanding attendance?
What happens if a subpoena is issued but information is claimed as privileged?
What happens if a subpoena is issued but information is claimed as privileged?
Which option describes the requirements for a commanding person to produce documents?
Which option describes the requirements for a commanding person to produce documents?
What must an objection to a subpoena include?
What must an objection to a subpoena include?
When can a person serve an objection to a subpoena?
When can a person serve an objection to a subpoena?
What must be done before bringing a motion to compel regarding a subpoena?
What must be done before bringing a motion to compel regarding a subpoena?
What happens if a person objects to a subpoena to produce materials?
What happens if a person objects to a subpoena to produce materials?
Which of the following must be served alongside a motion regarding a subpoena?
Which of the following must be served alongside a motion regarding a subpoena?
What is required for a subpoena to not impose undue burden or expense?
What is required for a subpoena to not impose undue burden or expense?
Under what circumstances may fees and mileage not need to be tendered when serving a subpoena?
Under what circumstances may fees and mileage not need to be tendered when serving a subpoena?
What must a party receiving documents in response to a subpoena do unless otherwise stipulated?
What must a party receiving documents in response to a subpoena do unless otherwise stipulated?
What kind of expenses might a subpoenaed person seek payment for?
What kind of expenses might a subpoenaed person seek payment for?
What is the primary function of an order to compel entered by the court?
What is the primary function of an order to compel entered by the court?
What must be included in every subpoena served on another party?
What must be included in every subpoena served on another party?
Upon what condition can a court quash or modify a subpoena?
Upon what condition can a court quash or modify a subpoena?
Which of the following actions is NOT required when serving a subpoena?
Which of the following actions is NOT required when serving a subpoena?
What should a person do if they object to part of a combined subpoena commanding documents and attendance?
What should a person do if they object to part of a combined subpoena commanding documents and attendance?
What must a person who is served with a deposition subpoena do unless excused?
What must a person who is served with a deposition subpoena do unless excused?
What is required in the filing of a motion to quash a subpoena?
What is required in the filing of a motion to quash a subpoena?
What must be included in a verified petition regarding the preservation of electronically stored information?
What must be included in a verified petition regarding the preservation of electronically stored information?
Under what circumstance can a nonparty dispute the obligation to preserve electronically stored information?
Under what circumstance can a nonparty dispute the obligation to preserve electronically stored information?
What is the timeline for a response to a petition filed under Rule 45.2?
What is the timeline for a response to a petition filed under Rule 45.2?
What must accompany a verified petition for determining preservation obligations?
What must accompany a verified petition for determining preservation obligations?
Under what circumstance must a court quash or modify a subpoena?
Under what circumstance must a court quash or modify a subpoena?
What happens if the petitioner claims that a preservation request causes undue burden?
What happens if the petitioner claims that a preservation request causes undue burden?
What is a condition under which the court may quash or modify a subpoena?
What is a condition under which the court may quash or modify a subpoena?
What must be included in a foreign subpoena for it to be accepted in Arizona?
What must be included in a foreign subpoena for it to be accepted in Arizona?
What documents must be served along with the petition filed under Rule 45.2?
What documents must be served along with the petition filed under Rule 45.2?
What is required from the party serving a subpoena regarding travel expenses?
What is required from the party serving a subpoena regarding travel expenses?
What form of objection can a party or nonparty serve regarding a preservation request?
What form of objection can a party or nonparty serve regarding a preservation request?
What phrase must appear below the case number when filing a motion related to a subpoena?
What phrase must appear below the case number when filing a motion related to a subpoena?
If a motion to quash a subpoena is filed, when must it be submitted?
If a motion to quash a subpoena is filed, when must it be submitted?
What occurs if the parties cannot resolve a dispute over preservation of information?
What occurs if the parties cannot resolve a dispute over preservation of information?
What consequence can a court impose for failure to comply with a subpoena?
What consequence can a court impose for failure to comply with a subpoena?
What must a subpoena under Rule 45.1 contain regarding counsel information?
What must a subpoena under Rule 45.1 contain regarding counsel information?
Which rule governs the motions to compel or modify a subpoena?
Which rule governs the motions to compel or modify a subpoena?
Which of the following is NOT a valid reason for quashing a subpoena?
Which of the following is NOT a valid reason for quashing a subpoena?
What consequence may occur for expenses incurred by the petitioner in a dispute regarding preservation?
What consequence may occur for expenses incurred by the petitioner in a dispute regarding preservation?
What is the time frame within which a party can file a motion to quash a subpoena?
What is the time frame within which a party can file a motion to quash a subpoena?
What must a nonparty include if they file a motion for a protective order related to a preservation request?
What must a nonparty include if they file a motion for a protective order related to a preservation request?
What must happen if a subpoena is served on a non-party who incurs significant travel expenses?
What must happen if a subpoena is served on a non-party who incurs significant travel expenses?
What must occur if a party wishes to contest the terms of a subpoena based on its burden?
What must occur if a party wishes to contest the terms of a subpoena based on its burden?
What should be included in the content of a subpoena according to Rule 45.1?
What should be included in the content of a subpoena according to Rule 45.1?
What is an appropriate sanction imposed by the court for a failure to comply with Rule 45(e)(1)(A) or (B)?
What is an appropriate sanction imposed by the court for a failure to comply with Rule 45(e)(1)(A) or (B)?
What defines a 'foreign jurisdiction' in the context of Rule 45.1?
What defines a 'foreign jurisdiction' in the context of Rule 45.1?
What is the role of the clerk in the jury selection process?
What is the role of the clerk in the jury selection process?
Which statement about the confidentiality of juror information is correct?
Which statement about the confidentiality of juror information is correct?
What is a necessary step before conducting oral voir dire?
What is a necessary step before conducting oral voir dire?
What happens if a party fails to object to a ruling or order?
What happens if a party fails to object to a ruling or order?
What is required from jurors in the voir dire affirmation and oath?
What is required from jurors in the voir dire affirmation and oath?
Which of the following is NOT included in the required personal information about prospective jurors?
Which of the following is NOT included in the required personal information about prospective jurors?
What should be done with completed case-specific written questionnaires?
What should be done with completed case-specific written questionnaires?
Which of the following actions is not necessary when a party objects to a ruling?
Which of the following actions is not necessary when a party objects to a ruling?
What happens if the jury panel list is exhausted during selection?
What happens if the jury panel list is exhausted during selection?
What must the court provide to prospective jurors prior to voir dire examination?
What must the court provide to prospective jurors prior to voir dire examination?
Who is responsible for maintaining juror confidentiality?
Who is responsible for maintaining juror confidentiality?
What must jurors do if they complete case-specific written questionnaires?
What must jurors do if they complete case-specific written questionnaires?
What is the consequence of not invoking dispute resolution procedures under Rule 45?
What is the consequence of not invoking dispute resolution procedures under Rule 45?
What must each prospective juror do before the voir dire?
What must each prospective juror do before the voir dire?
What must a prospective juror do before oral voir dire begins?
What must a prospective juror do before oral voir dire begins?
Which of the following is NOT included in a case-specific written questionnaire?
Which of the following is NOT included in a case-specific written questionnaire?
Which factor is considered a valid reason to challenge a prospective juror for cause?
Which factor is considered a valid reason to challenge a prospective juror for cause?
How can the court manage the voir dire process regarding improper questioning?
How can the court manage the voir dire process regarding improper questioning?
What must happen if a deliberating juror is disqualified during the trial?
What must happen if a deliberating juror is disqualified during the trial?
What should the court do regarding alternate jurors after closing arguments?
What should the court do regarding alternate jurors after closing arguments?
What is the burden of proof for a party challenging a juror for cause?
What is the burden of proof for a party challenging a juror for cause?
Which of the following statements about the voir dire process is true?
Which of the following statements about the voir dire process is true?
What must precede the questioning of the jury panel during oral voir dire?
What must precede the questioning of the jury panel during oral voir dire?
If a juror chooses to affirm rather than swear an oath, which part must be omitted?
If a juror chooses to affirm rather than swear an oath, which part must be omitted?
What is required regarding a challenge for cause once it is made?
What is required regarding a challenge for cause once it is made?
What instructions should the court provide to jurors about alternate jurors?
What instructions should the court provide to jurors about alternate jurors?
What is the procedure if a prospective juror is excused by stipulation?
What is the procedure if a prospective juror is excused by stipulation?
What is the primary responsibility of the party challenging a juror for cause?
What is the primary responsibility of the party challenging a juror for cause?
Which factor is NOT a valid ground for challenging a prospective juror for cause?
Which factor is NOT a valid ground for challenging a prospective juror for cause?
What should the appointing order specify regarding the master's authority?
What should the appointing order specify regarding the master's authority?
How does the court manage the voir dire process?
How does the court manage the voir dire process?
What must occur if the jury's answers to written questions are inconsistent with each other and the general verdict?
What must occur if the jury's answers to written questions are inconsistent with each other and the general verdict?
Which of the following must be included in the appointing order pertaining to the master's duties?
Which of the following must be included in the appointing order pertaining to the master's duties?
What is the procedure if a prospective juror is excused after being designated as an alternate?
What is the procedure if a prospective juror is excused after being designated as an alternate?
What is required from the master regarding reports to the court?
What is required from the master regarding reports to the court?
What must occur after the court conducts a drawing for alternate jurors?
What must occur after the court conducts a drawing for alternate jurors?
What is the minimum number of jurors required to agree on a verdict if there are 8 jurors?
What is the minimum number of jurors required to agree on a verdict if there are 8 jurors?
In a situation where jurors do not unanimously agree on a verdict, what must those who agree do?
In a situation where jurors do not unanimously agree on a verdict, what must those who agree do?
Which type of information is NOT typically provided to parties before jury selection?
Which type of information is NOT typically provided to parties before jury selection?
Under what circumstance can a master impose sanctions?
Under what circumstance can a master impose sanctions?
What happens if a party objects to the master's final order?
What happens if a party objects to the master's final order?
Which of the following best describes the confidentiality of jurors' personal information?
Which of the following best describes the confidentiality of jurors' personal information?
What should the court do if the jury's verdict is informal or defective?
What should the court do if the jury's verdict is informal or defective?
If a jury's answers to questions on an equitable relief action are advisory only, what does this mean?
If a jury's answers to questions on an equitable relief action are advisory only, what does this mean?
What is required of the court when a challenge for cause is raised against a juror?
What is required of the court when a challenge for cause is raised against a juror?
What is the time limit for a party to file objections to a master's report?
What is the time limit for a party to file objections to a master's report?
Which of the following describes how the master's compensation is determined?
Which of the following describes how the master's compensation is determined?
What is the main purpose of conducting voir dire questioning during jury selection?
What is the main purpose of conducting voir dire questioning during jury selection?
What conditions must be fulfilled for the court to approve a judgment based on The general verdict and answers?
What conditions must be fulfilled for the court to approve a judgment based on The general verdict and answers?
What must the master do if a party fails to appear at the scheduled first meeting?
What must the master do if a party fails to appear at the scheduled first meeting?
What constitutes a waiver of the right to a jury trial regarding issues of fact?
What constitutes a waiver of the right to a jury trial regarding issues of fact?
When may the court substitute a deliberating juror with an alternate?
When may the court substitute a deliberating juror with an alternate?
What does the court do if a juror disagrees with the verdict after it has been returned?
What does the court do if a juror disagrees with the verdict after it has been returned?
What should be included in the affirmative statements taken during voir dire?
What should be included in the affirmative statements taken during voir dire?
Under what conditions may a court grant a motion for judgment as a matter of law?
Under what conditions may a court grant a motion for judgment as a matter of law?
What factors must the court consider when allocating the master's payment among parties?
What factors must the court consider when allocating the master's payment among parties?
What does the term 'voir dire' primarily refer to?
What does the term 'voir dire' primarily refer to?
What instructions must the court provide for the jury's decision on submitted issues?
What instructions must the court provide for the jury's decision on submitted issues?
What must a motion for judgment as a matter of law include according to the provisions outlined?
What must a motion for judgment as a matter of law include according to the provisions outlined?
How can the court address a master's ruling on procedural matters?
How can the court address a master's ruling on procedural matters?
What happens if the court denies a motion for judgment as a matter of law?
What happens if the court denies a motion for judgment as a matter of law?
What may a court do if no finding is made on an issue that has not been submitted to the jury?
What may a court do if no finding is made on an issue that has not been submitted to the jury?
What is the rationale for excluding questions deemed improper during voir dire?
What is the rationale for excluding questions deemed improper during voir dire?
What is required for a jury's verdict to be considered in substantial compliance with the law?
What is required for a jury's verdict to be considered in substantial compliance with the law?
What is the time frame for filing a renewed motion for judgment as a matter of law?
What is the time frame for filing a renewed motion for judgment as a matter of law?
Which of the following individuals cannot serve as jurors according to the statutory qualifications?
Which of the following individuals cannot serve as jurors according to the statutory qualifications?
What should the jurors do if the court informs them of issues requiring further deliberation on an informal verdict?
What should the jurors do if the court informs them of issues requiring further deliberation on an informal verdict?
Which of the following must the court do when it conditionally grants a renewed motion for judgment as a matter of law?
Which of the following must the court do when it conditionally grants a renewed motion for judgment as a matter of law?
When are jury instructions required to be provided to jurors?
When are jury instructions required to be provided to jurors?
Which of the following describes a scenario where the court may conduct a new trial?
Which of the following describes a scenario where the court may conduct a new trial?
What is the primary role of written questions submitted to a jury in actions seeking equitable relief?
What is the primary role of written questions submitted to a jury in actions seeking equitable relief?
What is a requirement for making timely objections to jury instructions?
What is a requirement for making timely objections to jury instructions?
What does a court need to do when it decides to deny a motion for a new trial?
What does a court need to do when it decides to deny a motion for a new trial?
Which action can the court take after granting a renewed motion for judgment as a matter of law?
Which action can the court take after granting a renewed motion for judgment as a matter of law?
What essential scope must be covered in preliminary jury instructions?
What essential scope must be covered in preliminary jury instructions?
What is the maximum length of time a party has to file a motion for a new trial under the specific rules provided?
What is the maximum length of time a party has to file a motion for a new trial under the specific rules provided?
What must be demonstrated to successfully argue for alternative or joint requests for a new trial?
What must be demonstrated to successfully argue for alternative or joint requests for a new trial?
Which of the following is a correct requirement for filing requests for jury instructions?
Which of the following is a correct requirement for filing requests for jury instructions?
Under what circumstances can a party assign an error regarding an instruction given during a trial?
Under what circumstances can a party assign an error regarding an instruction given during a trial?
What must accompany a motion to amend findings after the entry of judgment?
What must accompany a motion to amend findings after the entry of judgment?
What is the role of a master appointed by the court?
What is the role of a master appointed by the court?
When can a court consider a fundamental error despite it not being preserved?
When can a court consider a fundamental error despite it not being preserved?
Which of the following statements is true regarding the court's findings and conclusions?
Which of the following statements is true regarding the court's findings and conclusions?
Which option is not a requirement for preliminary and final jury instructions?
Which option is not a requirement for preliminary and final jury instructions?
What must happen if a party objects to the appointment of a master?
What must happen if a party objects to the appointment of a master?
What should a party do if they wish to question the sufficiency of evidence supporting the court's findings?
What should a party do if they wish to question the sufficiency of evidence supporting the court's findings?
What is the primary purpose of Rule 58 in relation to judgment?
What is the primary purpose of Rule 58 in relation to judgment?
What must be considered regarding expenses when appointing a master?
What must be considered regarding expenses when appointing a master?
Which situation allows a party to question a master’s findings?
Which situation allows a party to question a master’s findings?
What must occur after a party has been fully heard on an issue during a nonjury trial?
What must occur after a party has been fully heard on an issue during a nonjury trial?
What action must be taken if communications are made between the court and jurors?
What action must be taken if communications are made between the court and jurors?
Flashcards
One Form of Action
One Form of Action
A single form of action used for all civil cases in Arizona.
Commencement of Action
Commencement of Action
A civil case in Arizona starts by filing a complaint with the court.
Summons
Summons
A formal document issued when a pleading is filed, used to formally notify parties of the lawsuit.
Contents of a Summons
Contents of a Summons
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Service of Summons
Service of Summons
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Special Appointment for Service
Special Appointment for Service
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Certification of Private Process Servers
Certification of Private Process Servers
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Waiving and Accepting Service
Waiving and Accepting Service
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Proof of Service
Proof of Service
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Time Limits for Service
Time Limits for Service
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Service Within Arizona
Service Within Arizona
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Various Methods of Service
Various Methods of Service
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Service on Corporations
Service on Corporations
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Alternative Means of Service
Alternative Means of Service
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Service by Publication
Service by Publication
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Special Cases for Service by Publication
Special Cases for Service by Publication
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Service Outside Arizona
Service Outside Arizona
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Serving Process Outside Arizona
Serving Process Outside Arizona
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Service by Mail
Service by Mail
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Waiver of Service
Waiver of Service
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Nonresident Motorist Act
Nonresident Motorist Act
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Service by Publication
Service by Publication
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Serving Unknown Heirs
Serving Unknown Heirs
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Serving Corporations and Associations
Serving Corporations and Associations
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Serving Individuals in Foreign Countries
Serving Individuals in Foreign Countries
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Serving Special Populations
Serving Special Populations
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Time Limits for Responses
Time Limits for Responses
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Service of Documents Post-Filing
Service of Documents Post-Filing
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Filing with the Court
Filing with the Court
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Sanctions for Noncompliance
Sanctions for Noncompliance
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Study Notes
Overview of Arizona Rules of Civil Procedure
- Governs all civil actions and proceedings in Superior Court of Arizona.
- Aims for just, speedy, and inexpensive resolution of cases.
One Form of Action
- There exists a single form of action: the civil action.
Commencement of Action
- A civil action initiated by filing a complaint with the court.
Summons
- Issued upon filing a pleading; necessary for serving parties.
- Must be signed and sealed by the clerk after proper completion.
- Every party to be served must have a distinct summons or copy.
Contents of a Summons
- Identifies the court and parties involved.
- Specifies the time frame for the defendant to respond.
- Notifies of the consequences of failing to appear.
- Must include a request for accommodations for disabled persons.
- Must be signed by the clerk and bear the court seal.
Service of Summons
- Service must be completed as dictated by relevant rules.
- May be performed by designated officials (sheriff, private process server) or a party with authorization.
- Replacement summons can be issued if the original is lost or not served.
Special Appointment for Service
- A party may request a person to serve process if they meet age and non-party criteria.
- Requires filing a motion with the presiding superior court judge.
Certification of Private Process Servers
- Certification achieved via an application filed with the clerk, allowing individuals to serve in any Arizona state court.
Waiving and Accepting Service
- Parties may waive or accept service, extending deadlines for responses under certain conditions.
- Voluntary appearance recognized without formal service.
Proof of Service
- Must be filed by the person who served the summons if no waiver or voluntary appearance occurred.
- Specific requirements for proof exist based on the server's identity.
Time Limits for Service
- Service must occur within 90 days of filing the complaint, or the court may dismiss the action.
Service Within Arizona
- Complete service can occur anywhere within the state.
Various Methods of Service
- Individuals can be served personally, at their residence, or via authorized agents.
- Special provisions exist for minors, incapacitated persons, and governmental entities.
Service on Corporations
- Corporations served through defined representatives or by depositing documents with the Arizona Corporation Commission if no agents are available.
Alternative Means of Service
- If conventional methods are impractical, courts may allow alternative means with proper justification.
- Notice and mailing requirements must be followed.
Service by Publication
- Permitted if other methods are impractical.
- Published in local newspapers for four consecutive weeks, followed by specific affidavit requirements.
- Involves additional mailings if an address is available.
Special Cases for Service by Publication
- Applies particularly for unknown heirs in real property actions.
Service Outside Arizona
- Arizona courts can exercise personal jurisdiction over individuals beyond its borders.
- Service procedures apply similarly as if performed within the state.### Serving Process Outside Arizona
- Process can be served outside Arizona, within the U.S. as per Rules 4.1(d) to (j).
- Service must be executed by a person authorized by the receiving state's law.
- Service is completed upon delivery, triggering timelines under Rule 4.2(m).
Service by Mail
- Service is possible by mailing a summons and pleading to an out-of-state address within the U.S. via prepaid mail requiring a signed receipt.
- An affidavit of service must be filed upon receiving the signed mail return, detailing:
- The person's location outside Arizona.
- Proof of the summons and documents mailed.
- Signed return receipt indicating delivery.
- Date of receipt.
Waiver of Service
- Defendants may receive a written request to waive service, intended to reduce serving costs.
- Waiver request must include:
- Addressed to the defendant.
- Court name and pleading copy.
- Two waiver forms, prepaid return method, and notice of consequences.
- A minimum response time of 30 days; 60 days if outside the U.S.
- If a defendant does not waive without good cause, they may incur expenses for service and related attorney fees.
Nonresident Motorist Act
- Allows serving nonresident defendants in vehicle operation cases per A.R.S. § 28-2327.
- Service is complete 30 days after filing a return receipt or personal service return.
Service by Publication
- Permitted when traditional service is impracticable.
- Requires:
- Demonstrated effort to locate the individual.
- Court approval to serve by publication.
- Publishing the summons for four consecutive weeks in a local newspaper.
- An affidavit must describe the publication process, including dates and mailing if the address was known.
Serving Unknown Heirs
- Unknown heirs in property actions may be served by publication in the county of the pending action under Rule 4.2(f).
Serving Corporations and Associations
- Corporations outside Arizona can be served by delivering summons to authorized agents and required mailing copies if mandated by law.
Serving Individuals in Foreign Countries
- Service may occur through internationally agreed methods, such as:
- Hague Convention procedures.
- Foreign law procedures.
- Alternative means under court approval.
Serving Special Populations
- Minors and incapacitated persons can be served through methods applicable to individuals in a foreign country.
Time Limits for Responses
- Generally, a person served outside Arizona must respond within 30 days unless waiver procedures apply, extending the response timeframe.
Service of Documents Post-Filing
- All documents post-service of the initial pleadings must be served to all parties, excluding parties in default for failure to appear.
- Various methods include:
- Personal delivery or via mail to the recipient's last known address.
- Consent-based electronic service.
Filing with the Court
- Filing is achieved by presenting documents to the clerk, who processes them upon receipt.
- Filing deadlines consider electronic submission timestamps and both incarcerated parties and interruption in service are addressed.
Sanctions for Noncompliance
- Failure to adhere to filing rules can result in removal of documents from records and potential cost charges to the offending party.### Signature and Filing Requirements
- A signature page must contain at least two lines of text above the signature.
- Proposed orders or judgments must be served to all parties simultaneously when submitted to the court.
- The clerk cannot file proposed orders or judgments, but must accept them electronically, which will not be publicly displayed.
- Unsigned proposed orders may be filed as attachments or exhibits if required by the court or rules.
Stipulations and Motions
- Written stipulations should be accompanied by a proposed order.
- No minute entry is necessary if a proposed order is signed and entered with a motion.
Sensitive Data Protocols
- Documents must exclude sensitive data, such as Social Security and financial account numbers, except for the last four digits when necessary.
- The filer is solely responsible for redacting sensitive data; the clerk and court do not review documents for compliance.
- Parties may request to seal documents with sensitive data or have them redacted if legally accessible.
- Violations regarding sensitive data may lead to court-imposed sanctions.
Electronic Signatures and Notarizations
- The clerk must accept documents with purported electronic signatures or notarizations as valid.
- Disputes over electronic signatures will be resolved by a judicial officer according to applicable law.
Document Formatting Standards
- Captions require specific information at the top left, including attorney's contact details and case identification.
- All filed documents must be single-sided, black text on a white background, with required formatting including 13-point font size.
- Documents must measure 8 ½ by 11 inches; adjustments are needed for documents not conforming to this size.
- Margins must be at least 2 inches at the top of the first page and 1-½ inches for subsequent pages, with page numbers included.
Electronic Filing Specifications
- Electronically filed documents must be in text-searchable formats like .pdf, .odt, or .docx.
- Attachments can also be filed electronically if included with the main electronic submission.
- Electronically filed documents can include bookmarks and hyperlinks for easy navigation.
Attorney Responsibilities
- Attorneys must appear as attorney of record via official filings, maintaining responsibility until action ends or they withdraw.
- Withdrawal requires a court order unless within the same law firm, then only a notice of substitution is needed.
- Attorneys must keep the court informed of their current contact details and are responsible for case status updates.
Limited Scope Representation
- Attorneys may represent clients for specified issues, with limited responsibility as outlined in a Notice of Limited Scope Representation.
- Upon completion of representation, attorneys may withdraw with or without consent following specific procedures.
Sealing Court Records
- Documents cannot be filed under seal in unsealed civil actions without judicial authorization.
- A court may seal documents if certain criteria are met, including the existence of an overriding interest and no reasonable alternative to maintain confidentiality.
- If only portions of a document require sealing, a publicly accessible version must be filed with only the sensitive parts redacted.
Rule 16: Scheduling and Management of Actions
- Objectives of court management include expediting just disposition, maintaining control to avoid protracted cases, and ensuring proportional discovery based on various factors like issues at stake and resources available.
- Discovery should be proportional to the case needs, considering importance, information access, and cost-benefit analysis.
- Early meetings between parties required to discuss case trajectory and service timelines, no later than 30 days post-answer or 120 days post-filing.
- Topics during Early Meetings include witness disclosures, document safeguards, potential motions, and discovery tier assignment.
- Joint Report and Proposed Scheduling Order must be filed within 14 days post-early meeting, outlining agreements made, discovery tier, and positions on various issues.
- Proposed Scheduling Order includes specified dates for disclosures, discovery completion, dispositive motions, and trial settings.
- Modification of Scheduling Order dates requires court order; alterations to trial dates must follow Rule 38.1.
- Actions exempted from certain requirements include change of name, forcible entry cases, agency decision reviews, and specific petitions.
Scheduling Conferences
- Court may hold a Scheduling Conference upon request to address disclosure needs, discovery schedules, disputes, and potential elimination of weak claims.
- During a Trial-Setting Conference, if not previously set, trial dates are established with attendance required from essential parties.
Joint Pretrial Statement & Trial Management Conference
- Joint Pretrial Statement must be filed 10 days before a Trial Management Conference detailing stipulations, contested issues, witness lists, and objections to materials intended for trial.
- Duplicates of all trial exhibits must be provided according to set deadlines to facilitate transparency and preparation.
- Additional documentation is mandated if a jury trial is involved, including jury instructions and exhibits overview.
Post-Conference Proceedings
- Pretrial orders summarize courtroom actions and set guidelines for proceeding, modifiable only by subsequent court orders to prevent injustice.
- Sanctions may be applied following breaches of protocols or court orders, ensuring adherence and accountability among involved parties.
Civil Procedure - Court Orders and Sanctions
- Courts must issue sanctions if parties or their attorneys fail to comply with scheduling orders or deadlines, or if they do not participate in pretrial conferences in good faith.
- Possible sanctions include expense awards to other parties, assessments to the court clerk, or other appropriate sanctions under Rule 37.
- Sanctions can be applied regardless of whether a trial date has been set, allowing for exclusion of evidence disclosed late.
Alternative Dispute Resolution
- Courts can direct parties to alternative dispute resolution programs.
- Time limits may be imposed on trial proceedings to ensure efficiency.
Settlement Conferences
- Courts may mandate participation in pretrial settlement conferences, except in lower court appeals or cases under compulsory arbitration.
- Parties must submit a settlement conference memorandum 5 days before the conference; this memo must detail claims, defenses, evidence for trial, past negotiations, outcome assessments, and any other relevant information.
- Attendance is mandatory for parties and their counsel, and a representative with authority to settle must be present.
Confidentiality and Sanctions for Settlement Conferences
- Courts can order confidentiality for discussions held during settlement conferences.
- Sanctions under Rule 16(h) apply if a party is unprepared or does not participate in good faith.
Good Faith Settlement Hearings
- A party may motion for a court to determine whether a settlement involving multiple defendants was made in good faith.
- Accompanying evidence, such as affidavits, is required for these motions to substantiate claims of good faith.
Claims for Minors and Adults in Need of Protection
- Settlements for claims involving minors or adults needing protection require judicial approval according to rules set in the Arizona Probate Procedure.
- Legal definitions are provided for key terms such as "adult in need of protection," "guardian," and "incapacitated person."
Real Party in Interest
- Actions must be prosecuted in the name of the real party in interest; specific roles such as personal representatives, conservators, and guardians can sue on behalf of others.
- A court may not dismiss an action for failure to follow this rule without allowing time for correction.
Actions Involving Minors
- Only legal representatives, like conservators and guardians, may bring actions on behalf of minors; specific rules apply based on parental status and legal authority.
- Limitations on judgments affecting parents and guardians are outlined, particularly concerning financial settlements.
Appointment of Guardian ad Litem
- Courts may appoint a guardian ad litem (GAL) for alleged incapacitated persons, who must be an attorney with no conflict of interest regarding the parties involved.
- The GAL’s role is to investigate the need for guardianship and initiate protective proceedings if necessary.
Authority of Guardian ad Litem
- The GAL can access various records, consult relevant individuals, and file necessary proceedings to protect the subject person.
- Confidentiality is a key aspect, as communications between the GAL and the subject person are not privileged, keeping the process transparent.### Guardian ad Litem (GAL) Regulations
- GAL cannot disclose communication with the subject person except necessary for investigating the need for guardianship or protective orders.
- The appointment of a GAL does not waive the subject person's privileges or confidentiality rights.
- GAL is not compelled to produce any privileged documents obtained during the investigation.
Independent Evaluation
- The court may order evaluations by healthcare professionals to assist GAL in determining if the subject person is incapacitated or in need of protection.
- Evaluation results are confidential and provided solely to the GAL, not subject to discovery in the civil proceeding.
Reporting Requirements
- GAL must file a report regarding the investigation's status, indicating intentions for guardianship or conservatorship.
- If the report contains privileged information, it must be filed under seal; parties receive a non-privileged version.
Compensation Provisions
- GAL and associated healthcare professionals are entitled to reasonable compensation, considered part of the action’s costs.
Joinder of Claims
- Parties can join multiple claims against an opposing party in one action.
- Contingent claims can be joined, with courts granting relief in line with substantive rights.
Required Joinder of Parties
- Individuals who must be joined include those whose absence affects complete relief or those with an interest in the action.
- If a required party does not join, the court must order their inclusion. Dismissal or severance options exist for improperly joined parties.
Permissive Joinder of Parties
- Persons may join as plaintiffs if claims arise from the same transaction or events, with common legal or factual questions.
- Defendants can also be joined under similar conditions; the court may order separate trials if needed.
Interpleader Mechanism
- Interpleader allows a party holding property claimed by multiple parties to join all claimants in a single action to avoid multiple liabilities.
- Court may relieve the party from liability upon proper deposit or delivery of the disputed property or funds.
Class Actions
- Class actions require numerous members, common questions of law/fact, and typical representative claims to proceed.
- Class actions can avoid inconsistent adjudications and may involve subclasses for specific issues.
Court's Role in Class Actions
- Court must conduct a hearing to certify class actions and define the class, appointing legal representation accordingly.
- Notices to class members must be clear, indicating their rights, including the opportunity to opt out.
Settlement and Approval Procedures
- Class actions may settle with court approval, ensuring fairness and adequacy for all class members.
- Extensive procedures in place to handle objections and potential payments related to settlements or appeals.
Role of Class Counsel
- Class counsel is appointed by the court, emphasising experience, resources, and ability to represent class interests.
- Advocate for class must maintain integrity and fair representation throughout the proceedings.
Attorney's Fees and Costs
- Court can award reasonable attorney's fees and nontaxable costs in certified class actions, fostering equitable representation.
Rule 26.1: Prompt Disclosure of Information
- Parties must disclose written statements regarding the factual basis and legal theory of their claims or defenses.
- Disclosure includes names and contact information of expected witnesses and a description of their anticipated testimony.
- Relevant individuals with knowledge pertinent to the action must be identified, along with any statements they have made, including their custodians.
- Expert testimony areas and the expected damages must be disclosed, specifying computations and relevant witnesses for damages.
- All tangible evidence and electronically stored information intended for trial use should be described and identified.
- Insurance coverage details, including copies of relevant policies and any disclaimers, must be disclosed.
Disclosure of Hard-Copy and Electronically Stored Information
- Hard-copy documents identified in disclosures must be served with the respective disclosure and kept in the usual course of business for inspection.
- Parties must confer regarding electronically stored information and agree on disclosure and production parameters.
- Electronically stored information should be produced within 40 days unless stated otherwise by agreement or court order.
- The preferred format for disclosure of electronically stored information is determined by the receiving party unless otherwise agreed.
Disclosure of Expert Testimony
- Any trial witness presented under specific Arizona Rules of Evidence must be disclosed.
- Expert witnesses must either provide a written report specifying their qualifications, opinions, and relevant information or detail their expected testimony for those not providing written reports.
- Reports must include expert names, qualifications, opinions, data considered, compensation, and previous testimony records.
Purpose and Scope of Disclosure
- The rule aims to ensure all parties are adequately informed about relevant facts, legal theories, witnesses, and evidence.
- Disclosure must encompass information within a party's possession, custody, or control, reasonably ascertainable through inquiry.
Time for Disclosure and Continuing Duty
- Initial disclosures must occur 30 days after the first responsive pleading unless otherwise agreed or ordered.
- Ongoing duty to update disclosures with new relevant information, requiring timely amendment within 30 days of revelation.
Signature and Privilege Claims
- Disclosures must be signed under oath by the disclosing party.
- If documents are withheld due to privilege, specific compliance requirements apply, including addressing inadvertent disclosures.
Rule 26.2: Tiered Limits to Discovery
- Discovery limits vary based on the tier assigned to a case, influencing the scope and depth of discovery allowed.
- Tiers range from Tier 1 (simple cases) to Tier 3 (complex cases), with different associated characteristics and discovery limits.
Criteria for Assigning Cases to Tiers
- Tier 1 includes straightforward cases with minimal evidence; Tier 2 encompasses moderate complexity; Tier 3 covers complex legal or logistical challenges.
- Courts assign tiers based on stipulations, motions, or the nature of relief sought.
Limits on Discovery by Tier
- Tier 1 allows 5 hours of depositions, limited requests for production, interrogatories, and admissions with a 120-day discovery period.
- Tier 2 extends to 15 deposition hours and increased document capacities, totaling 180 days.
- Tier 3 permits up to 30 deposition hours and additional requests with a 240-day timeframe.
Obtaining Extended Discovery
- Parties seeking discovery beyond established tier limits must file a motion with justification or obtain a stipulation affirming the necessity of additional discovery.### Discovery Regulations
- Motions or stipulations must be filed before the close of standard discovery and prior to any over-limit discovery requests as per Rule 26.2(f).
- A "Stipulation for Overlimit Discovery" allows agreed additional discovery without court approval but remains subject to court disapproval.
Depositions and Discovery Time
- Courts can increase deposition hours for sides with multiple parties, ensuring fairness in fact witness depositions.
- Additional examination time as per Rule 30(d) is not counted against deposition hour limits.
- When sides with common interests receive imbalanced deposition time, courts have the authority to adjust allocations fairly.
Expert Discovery Variations
- Expert disclosures differ by tier: Tier 1 and Tier 2 cases follow Rule 26.1(d)(3), while Tier 3 cases follow Rule 26.1(d)(4).
Medical Records Exchange
- Plaintiff's Duty: Must provide relevant medical records within 5 days after a defendant responds to the complaint along with an authorization for the defendant to access records.
- Defendant's Duty: Must supply copies of relevant medical records within 10 days of receiving records from the plaintiff.
- Parties may agree to limit the medical records produced.
Expert Disclosure Timing
- Identities and opinions of expert witnesses must be disclosed simultaneously unless otherwise agreed or ordered by the court.
Discovery Preceding Action
- Individuals can file a petition in superior court to preserve testimony or evidence for future litigation, detailing expected action and discovery needs.
- Hearing is required unless all adverse parties agree to the discovery request.
Service and Notice in Discovery
- Notice of the petition must be served on expected adverse parties at least 20 days before the hearing. Special rules apply for minors or incapacitated individuals.
- Opposition to the petition can be filed up to 5 days before the hearing.
Court Orders and Their Effects
- If the court permits discovery, it is conducted per the established rules and can be utilized in any related future actions.
Depositions and Their Authority
- Depositions must be taken before an authorized officer, such as a court-appointed individual or a certified reporter.
- Depositions in foreign countries can also occur under specific treaties or requests without a letter of request, provided appropriate procedures are followed.
Stipulations on Depositions
- Parties may agree in writing to take depositions at their convenience or extend response times for discovery, unless it contradicts court deadlines.
Oral Depositions Regulations
- Parties can depose various individuals, including parties and expert witnesses, with restrictions on deposing individuals previously deposed in the same action.
- Notice for a deposition must be served at least 10 days prior and must include relevant details, such as time and place.
Recording and Conduct of Depositions
- Depositions must be recorded by a certified reporter with permission for audio or audiovisual recordings. The noticing party typically bears the recording costs.
- Any party may request a transcription of the deposition; costs are borne by the party noticing it unless agreed otherwise.
Notice and Subpoena Requirements for Entities
- A deposition can name an organization or entity, requiring consent from designated representatives to testify about the matters specified in the notice.### Examination and Cross-Examination Procedures
- Deposition processes follow trial procedures under Arizona Rules of Evidence, with exceptions for Rules 103 and 615.
- Parties not present within 30 minutes of noticed time waive objection rights related to their absence.
- Deponents are sworn in by an officer or designated person, who must record testimony as specified under Rule 30(b)(3).
Objections During Depositions
- The officer must note all objections during depositions, including those related to evidence or testimony conduct without argumentation or suggesting answers.
- An objecting party should avoid specifying defects in questions unless requested by the questioning party.
- Counsel can only instruct a deponent not to answer to preserve a privilege or enforce court limits; otherwise, deponent answers must be recorded.
Conduct of Depositions
- Continuous off-the-record conferences between deponents and their counsel are prohibited unless necessary to preserve a privilege.
- If a party opts not to participate orally, they may submit written questions that the officer must read to the deponent.
Duration and Sanctions
- Depositions are limited to 4 hours unless agreed otherwise or court ordered.
- Extensions may be granted if necessary for fair examination or if circumstances delay the examination.
- Courts can impose sanctions for unreasonable conduct, including not agreeing to extend a deposition beyond 4 hours.
Termination or Limiting Depositions
- Depositions may be terminated if conducted in bad faith or if they cause unnecessary annoyance or oppression.
- A motion to terminate must be filed in the appropriate court, with the deposition suspended during the process.
- The court may limit the scope of a deposition and may require the responsible party to cover expenses if unjustified conduct is established.
Review and Changes to Testimony
- Deponents have 30 days post-notification of transcript availability to review and submit changes with reasons.
- Any changes made by the deponent are noted in the officer's certificate that accompanies the deposition record.
Officer's Duties and Certification
- The officer certifies the deponent's testimony accuracy and formally delivers the deposition to the attorney who arranged it, ensuring secure storage.
- Original documents produced during a deposition must be marked for identification, with options for maintaining originals or providing copies.
Consequences for Non-Attendance
- A party attending a noticed deposition may recover reasonable expenses if the noticing party fails to attend or serve a subpoena on a nonparty deponent.
Depositions by Written Questions
- Parties may depose individuals via written questions with prior court approval or specific circumstances outlined.
- Written questions require notice to all parties, and any additional questions must follow specific timeframes for submission.
Using Depositions in Court Proceedings
- Depositions may be used at trial if they meet admissibility standards and notification procedures are followed.
- A party offering part of a deposition may be obligated to introduce related portions for context.
- An objection to a deposition's admissibility does not limit the right to call the deponent for in-person testimony.
Interrogatories to Parties
- Interrogatories consist of written questions that may cover any relevant matter, limited in number by established rules.
- Responses must occur within set timelines, under oath, and include grounds for any objections.
- Answers to interrogatories can be utilized in accordance with Arizona’s rules of evidence.
Document Production Requests
- Parties may request production of documents, electronically stored information, or tangible items for inspection as per defined rules.
- Requests must be relevant to the case scope, conforming to numeric limits unless modified by agreement or court order.
Rule 38: Right to a Jury Trial; Waiver
- Jury trial right is preserved to all parties without the need for written demand.
- Waiver can occur only with a written stipulation signed by all appearing parties, to be filed no later than 30 days before trial.
- Parties can specify issues for jury trial; otherwise, all issues are waived.
- Court approval is necessary for waiver after the 30-day deadline, which can be via written or oral stipulation.
Rule 38.1: Setting Civil Actions for Trial; Postponements
- Civil actions are set for trial under Rules 16 or 77, with preference given to short causes and prioritized actions.
- Parties must receive trial date notice at least 30 days prior to trial.
- Postponements require good cause, party consent, or legal necessity, accompanied by proper motion and certification.
- If witness unavailability is the cause for postponement, detailed affidavits are required.
- Conflicts between courts should be addressed immediately with affected judges and counsel to find resolution.
Rule 39: Trial by Jury or by the Court
- If no waiver occurs, trials must be by jury unless a court finds otherwise for specific issues.
- A limited waiver permits specified issues to be tried by jury, while the rest remain with the court.
- Advisory juries can be used if the issue is not ordinarily triable by jury, and may have the same effects as a right to jury trial as per consent.
Rule 40: Trial Procedures
- The rule prescribes procedures for efficient court proceedings concerning jury trials.
- Procedures may include setting time limits, sequencing presentations, pretrial admissions of evidence, and allowing electronic evidence.
- Typical trial order: Preliminary Instructions, Opening Statements, Evidence presentation (plaintiff, defendant, rebuttals), Final Instructions, Closing Arguments.
- Juror deliberations are conducted under defined circumstances and maintain confines of normal working hours unless otherwise determined.
Rule 41: Dismissal of Actions
- Plaintiffs can voluntarily dismiss an action through notice or stipulation before a counterclaim or answer is filed.
- Such dismissals are generally without prejudice unless stated otherwise; if a previous dismissal exists about the same claim, it may adjudicate the merits.
- Involuntary dismissals arise from failure to prosecute or non-compliance with rules, typically considered an adjudication on the merits.
Rule 42: Consolidation; Separate Trials
- Actions involving common questions of law or fact can be consolidated to avoid unnecessary costs or delays.
- Separate trials can be ordered for issues or claims when deemed convenient, ensuring a right to a jury trial remains protected.
Rule 42.1: Change of Judge as a Matter of Right
- Each party is entitled to one change of judge as a matter of right in superior court actions.
- Written notice or an oral request must be made to initiate this change, specifying details relevant to the request without needing to provide grounds.
- Notice must be timely, typically within 90 days of the party's first appearance in the case.### Change of Judge Procedures
- New judge assignment notification must occur within specific timeframes: timely notices can be filed within 10 days of receiving notice of assignment.
- If rights are renewed under Rule 42(e), changes must be noticed within 15 days after appellate court mandate issuance.
- Notices filed within 3 days of a scheduled proceeding are generally ineffective, unless notified less than 5 days prior.
Waiver of Right to Change Judge
- A party waives the right if they agree to judge assignment or if the judge rules on contested issues after the opportunity for change is given.
- Waiver also occurs at the start of any scheduling, trial-setting conference, or trial.
Actions Remanded from Appellate Court
- Renewed right to change judge after remand involves no waivers if a new trial is required and a change has not been previously exercised.
Filing Procedures on Notice
- Properly filed notices with no waivers lead the named judge to take limited action necessary to prevent immediate harm.
- If improper, the named judge may continue with the case.
- If parties stipulate an agreement for a new judge, it precludes further changes unless the agreed judge becomes unavailable.
Change of Judge for Cause
- Filers must support causes for changes using an affidavit under A.R.S. § 12-409.
- Affidavits must be filed within 20 days of discovering grounds for change; prior actions do not waive rights.
- Hearing is conducted by the presiding judge, who must decide based on evidence presented.
Witness Testimony and Court Procedures
- Witnesses can provide testimony in open court unless statutes provide alternatives.
- Official recording of court proceedings must be retained following prescribed schedules.
- Parties may use affirmations instead of oaths.
Authenticating Official Records
- Domestic records can be authenticated by attestation from the custodian or official seal.
- Foreign records require an official attestation and may need final certification of genuineness.
Subpoena Requirements
- Subpoenas must state court details, action title, and command recipient attendance or production of materials.
- Specific requirements are outlined for subpoenas relating to depositions, hearings, or trials.
Producing Electronically Stored Information (ESI)
- Parties must produce ESI in the form requested unless directed otherwise.
- Information deemed inaccessible due to burden or expense does not require compliance unless good cause is shown.
- Privilege claims must follow outlined protocols and include necessary documentation.
Objections and Compliance
- Written objections to subpoenas must be filed within 14 days of service unless otherwise noted.
- Those objecting may need to comply unless a protective order is sought or granted.### Court Orders and Subpoenas
- Court orders to compel must safeguard non-parties from undue burden or expense.
- Before filing a motion, parties must engage in good faith consultation to resolve disputes about subpoenas.
Duties and Requirements
- Motion to compel must include a good faith consultation certificate per Rule 7.1(h).
- Parties receiving documents in response to a subpoena must share them promptly with all parties.
Service of Subpoenas
- Subpoenas can be served by individuals over 18 who are not parties, requiring delivery of the subpoena copy and attendance fees.
- No fees required when subpoenaing a party or on behalf of the State of Arizona.
Notice and Timing
- Subpoenas for document production or inspections require notifying all parties at least two days in advance.
- Subpoenas can be served anywhere within the state.
Proof of Service
- Proof of service is filed only as required by Rule 5.1(c)(2)(A), including the server's certification of service.
Protecting Individuals from Subpoenas
- Subpoenas should avoid imposing undue burdens. Parties must compensate for non-routine costs incurred in complying with subpoenas.
- The court can quash or modify subpoenas that impose unreasonable demands or compel disclosures of privileged information.
Motion Protocols
- Motions to quash or modify must be filed promptly, either before compliance or within 14 days of service.
- All motions must be served on the originating party.
Contempt of Court
- Individuals who fail to obey a subpoena may be held in contempt, except when the subpoena requires travel beyond specified locations.
Interstate Depositions
- A foreign subpoena can be issued for use in Arizona by submitting it to the clerk for proper service under Arizona law.
Preservation Requests
- Disputes about the obligation to preserve electronically stored information (ESI) are governed by specific procedures.
- Preservation requests can be objected to in writing based on undue burden or lack of duty.
Court Procedures for Preservation Disputes
- If parties cannot resolve disputes regarding ESI preservation, they must follow outlined procedures; nonparties may seek protective orders.
- Verified petitions can be filed by nonparties to determine preservation duties when no pending action exists.
Jury Selection and Information Disclosure
- The jury panel is randomly selected from those summoned, and the list is managed by the clerk.
- Confidential juror information, including personal details, must be handled according to privacy regulations, with disclosure only allowed under specific circumstances.
Voir Dire Process
- Prospective jurors must complete questionnaires and swear truthfully regarding their qualifications to serve.
- Confidentiality of case-specific questionnaires is crucial; copies must be collected by the court post-selection.
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Explore the fundamental rules governing civil actions in Arizona's superior courts. This quiz covers the scope, purpose, and specifics of initiating civil actions, including the all-encompassing civil action format. Gain a deeper understanding of these essential legal procedures.
