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Category Archives: Civil Litigation

What to Expect and How to Prepare for a Deposition

Depositions can be intimidating. Here’s what to expect and how to prepare A deposition is a formal interview, usually conducted by opposing counsel. The person being deposed (deponent) is sworn under oath to tell the truth and the entire interview is transcribed in real time by a court reporter. A deposition can also be video-recorded […]

What is “Discovery” in a lawsuit & what devices can Arizona attorneys deploy?

Discovery in Your Civil Lawsuit Discovery Devices, What they are and how are they used? “Discovery” is a term of art used in the law.  It means “to find out” what the plaintiff’s case or the defense case is all about.  “Discovery” in Arizona is open and liberal.  Since “Disclosure Statements” became the rule in […]

Spoliation: The Destruction of Evidence

A court can punish a party that destroys evidence Spoliation: Noun: “Destruction of a thing by the act of a stranger, as the erasure or alteration of a writing by the act of a stranger:” Spoliator: “A spoiler or destroyer.”  (Black’s Law Dictionary Revised 4^thedition.” So what does it mean? Missing evidence is usually what […]

The Importance Of Deadlines In Your Lawsuit And What They Mean To You

The Arizona Rules of Civil Procedure were completely modified effective July 1, 2018.  We now have the tiered system for cases that was discussed in a prior newsletter.  Along with the tiers came strict “rules of engagement” that requires the Plaintiff and the defendant to meet all deadlines imposed by the court. The rules still […]

Discovery and Disclosure: Why So Many Rules?

Your case thrives or dies under Arizona’s strict discovery and disclosure rules After a lawsuit is filed and served on the defendant, and after the Defendant files a responsive Answer to the lawsuit, the case enters discovery and disclosure. During this extended period leading up to trial, the parties exchange, produce, and create evidence in […]

Navigating the New Tiered System of Case Management in Arizona

Arizona Rules of Civil Procedure There are new Rules in place that radically change how cases are litigated Effective July 31, 2018, the Arizona Rules of Civil Procedure were amended to classify cases into three tiers, or classifications.  The tiers are based on estimated case value, and were designed to eliminate unnecessary discovery and make […]

Arizona’s Civil Verdicts in 2017

The trend continues. Total trials are down.  For the first time ever in Arizona, defense verdicts exceeded Plaintiff’s verdicts.  Only one verdict was over $10 million.  Four of the top ten verdicts came from Pima County.  Many of the top ten verdicts were not injury cases but were business disputes.   Mohave, La Paz, Yuma, Pinal, Santa Cruz, Cochise, Graham, Coconino, Greenlee […]

FASTAR Arrives in Pima County

A new pilot program in Pima County drastically changes the rules for smaller civil claims. As of November 1, 2017, there are new rules in Pima County for resolution of smaller cases certified to be less than $50,000. The acronym FASTAR stands for “Fast Trials and Alternative Resolution.” Most small car accident cases still fall under […]

Criminal Restitution vs. Civil Compensation

What are the differences and similarities between the two? According to Arizona law, a victim of a crime is entitled to receive from the convicted criminal the full economic value of the victim’s losses as determined by the Court. A.R.S. §13-603(C). This restitution is included in the Sentencing component after the criminal has either pled guilty or […]

Jurisdiction: Many Factors Determine Where You Can File Your Lawsuit

One of the first classes every law student takes is civil procedure.  One of the principal lessons of civil procedure is “Jurisdiction” or where suit should be filed. General rules are you that file suit in the county where the incident occurred or in the county where the Defendant resides.  If an event occurred in […]

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