ARIZONA RULES OF CIVIL PROCEDURE RULE 26.2
“Tiered Limits to Discovery Based on Attributes of the Case.”
ARCivP 26.2 explains how much discovery a party may take in their case. The amount of discovery a party may take is limited by the tier to which their case is assigned. In addition, the days in which discovery is to be completed is limited by the tier to which their case is assigned.
THE PROCESS:
1. Filing the Complaint and Civil Cover Sheet.
Other than a Complaint for a sum certain, ARCivP 8(b),(d), states that no dollar amount or figure for damages sought may be stated in the Complaint. A party who claims damages but does not plead an amount must plead that their damages are such as to qualify for a specified tier. (See Tier qualifications)
There is a place on the Civil Cover Sheet where a party must check off the box to which Tier the matter belongs. NOTE: The Civil Cover Sheet also requires the party to check the box of the Nature of the Action to which the matter belongs. Any category which has an asterisk next to it MUST have a dollar amount claimed. See Civil Cover Sheet.
2. Required Early Meeting. ARCivP 16(b)
No later than 30 (thirty) days after a party files an answer or files a motion directed at the Complaint, or 120 days after the action commences- whichever occurs first – that party and the plaintiff must meet and confer about the anticipated course of their case, including the tier to which it should be assigned. At the meeting, the parties shall also discuss topics which are listed in ARCivP 16(b)(2). The attorneys of record and all unrepresented parties who have appeared in the action are jointly responsible for arranging and participating in the Early Meeting.
3. Filing the Joint Report and Proposed Scheduling Order.
No later than fourteen (14) days after the Early Meeting, the parties must file a Joint Report and a Proposed Scheduling Order. The attorneys and unrepresented parties are jointly responsible for attempting in good faith to agree on a Proposed Scheduling Order and for filing the Joint Report and Proposed Scheduling Order with the court. NOTE: Each tier has a distinct form.
The Joint Report must contain a summary of the characteristics of the case used in assigning the case to a discovery tier and must set forth any agreements the parties have reached to streamline the case. The summary must not exceed four (4) pages of text, which length must be split evenly between separate statements of the parties if the parties do not agree on the summary contents. The required contents in the Joint Report are listed in ARCivP 16(c)(3).
A good faith consultation certificate under ARCivP 7.1(h) must be attached to the Joint Report.
The Proposed Scheduling Order must contain dates certain as listed in ARCivP 16(c)(4).
The parties must file the Joint Report and the Proposed Scheduling Order using the forms approved by the Supreme Court and set forth in ARCivP 84, Forms 1-13. For Tier 1, use forms 11(a) and (b); for Tier 2, use forms 12(a) and (b); and for Tier 3, use forms 13(a) and (b). See Forms.
NOTE: The court may evaluate a case for assignment to a tier. The court has discretion to assign a case to any tier, based on the totality of the circumstances of that case, consistent with the case characteristics set forth in ARCivP 26.2(b) and the factors that define proportional discovery in ARCivP 26.2(b)(1-3).
4. Safety Valves to Permit More Discovery. ARCivP 26.2(g)
Parties may obtain discovery beyond the limit established by the tier by (a) motion; or (b) Stipulation. The motion must contain a good faith consultation certification pursuant to ARCivP 1(h).
NOTE: Any party filing a Stipulation of “Over limit Discovery” pursuant to ARCivP 26.2(g)(3) shall give notice to the Court of such filing.
The motion or stipulation must be filed before the close of the discovery and before serving a discovery request that reaches or exceeds the limit imposed by a tier.
When the number of parties or configuration of sides makes the tier discovery limits unfair, in the interests of justice, the Court may adjust the totality of deposition time or written discovery for a party or side. ARCivP 26.2(h).
ATTRIBUTES OF TIERS:
Tier 1: Case Characteristics: These are simple cases that can be tried in one or two days. Automobile tort, intentional tort, premises liability, and insurance coverage claims arising from those types of claims are generally Tier 1 cases, absent unusual circumstances. Cases with minimal documentary evidence and few witnesses are likely Tier 1 cases. Actions claiming $50,000 or less in damages.
5 hours of fact witnesses
5 33 interrogatories (UI & NUI)
5 Rule 34 requests for production
10 Rule 36 requests for admission and
120 days to complete discovery
Tier 2: Case Characteristics: These are cases of intermediate complexity. They are likely to have more than minimal documentary evidence and more than a few witnesses. 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. Cases that do not easily fit within Tiers 1 and 3 belong here. Actions claiming more than $50,000 and less than $300,000 in damages.
15 total hours of fact witness depositions
10 Rule 33 interrogatories (UI &NUI)
10 Rule 34 requests for production
10 Rule 36 requests for admission
180 days in which to complete discovery
Tier 3: Case Characteristics: These are cases that are logistically or legally complex. 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 are among those cases that generally belong in Tier 3, absent unusual circumstances. Cases with voluminous documentary evidence, or with numerous pretrial motions raising difficult or novel legal issues, are likely Tier 3 cases. Cases requiring management of a large number of witnesses or separately represented parties, or which require coordination with related actions pending in other courts, are likely Tier 3 cases. Actions claiming $300,000 or more in damages.
30 total hours of fact witness depositions
20 Rule 33 interrogatories (UI & NUI)
10 Rule 34 requests for production
20 Rule 36 requests for admission
240 days in which to complete discovery
