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Limits on Discovery Based on Three Tier System
Discovery is now limited based on the July 1, 2018 changes to the Arizona Rules of Civil Procedure 26.2. Cases are now subject to placement in one of three tiers. The assignment of a tier is based on the value and complexity of the case:
- Tier One – Include cases where the Plaintiff is claiming $50,000 or less in damages. These are cases that can be tried in one or two days including automobile tort, intentional tort, premises liability, and insurance coverage claims.
- Tier Two – Include cases where the Plaintiff is claiming more than $50,000 and less than $300,000 in damages. These cases are of intermediate complexity. They are likely to include, but may not include, expert witnesses. They are likely to involve multiple theories of liability, and may involve counterclaims or cross-claims.
- Tier Three – Include cases where the Plaintiff is claiming $300,000 or more in damages. These are logistically or legally complex cases including class actions, antitrust, multi-party commercial or construction cases, securities cases, environmental torts, construction defect cases, medical malpractice cases, products liability cases, and mass torts.
The limitations on discovery are outlined in Arizona Rules of Civil Procedure 26.2(f) as follows:
- Tier 1 – Each side in a Tier 1 case is permitted 5 total hours of fact witness depositions, 5 Rule 33 interrogatories, 5 Rule 34 requests for production, 10 Rule 36 requests for admissions, and 120 days in which to complete discovery.
- Tier 2 – Each side in a Tier 2 case is permitted 15 total hours of fact witness depositions, 10 Rule 33 interrogatories, 10 Rule 34 requests for production, 10 Rule 36 requests for admission, and 180 days in which to complete discovery.
- Tier 3 – Each side in a Tier 3 case is permitted 30 total hours of fact witness depositions, 20 Rule 33 interrogatories, 10 Rule 34 requests for production, 20 Rule 36 requests for admission, and 240 days in which to complete discovery.
Listed below are sample disclosure and discovery requests, which are subject to the numeric limits as stated in Rule 26.2(f) including uniform interrogatories. For example, in Tier 1 cases, Uniform Interrogatories will be reduced from 22 available options down to 5.