Q: What do the new tiers mean 10 interrogatories, 10 request for admissions mean. Is it the amount asked in the discovery?
The disclosure is no longer 40 interrogatories,25 request for admission and unlimted request for production of documents? I am confused by the numbers in front of the each discovery that can be requested.
A: The new civil rules in Arizona at 16 A.R.S. Rules of Civil Procedure, Rule 26 lay out the determinations for three different "tiers" of cases. These different tiers each have specific amounts of discovery allowed based on case complexity and the amount in controversy.
In terms of damages, the tier's are as follows: tier 1 cases are $50,000 or less; tier 2 cases are more than $50,000 and less than $300,000; and, tier 3 cases are those where the monetary relief requested is in excess of $300,000.
This is further complicated as courts can assign a case to a tier based on the amount in controversy, the court's evaluation, and by stipulation of the parties or motion.
The tiers each have varying amounts of discovery permitted, which requires that you plan accordingly when filing a complaint.
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