The Importance Of Deadlines In Your Lawsuit And What They Mean To You
- posted: Jan. 03, 2019
- Civil Litigation
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 allow for extensions if a showing of “good cause” can be made. “I forgot” or “I want to add” is not “good cause.”
It is extremely important that all dates set forth in the scheduling order be kept. The plaintiff always has the burden. of moving the case through the system. This is why it is necessary that we gather what we need, when we need it. “Later” no longer works. We now postpone filing cases until we know more about the case as the modified rules presume that we are ready to proceed as soon as the case is filed.
If we ask for your tax returns, supply them. If we ask you to sign releases so records can be subpoenaed, sign them and return them to us quickly. This allows the case to be processed in an efficient manner.
The Superior Court Judges have all been counseled by the Arizona Supreme Court to stick to the rules and not waver unless there is “good cause” not to. Short of a serious illness that prevents a party or an attorney from fulfilling imposed deadlines, “good cause” rarely is found to exist.
The Rockafellow Law Firm sends out copies of all scheduling notices to clients. Keep them where they can be referenced, and write the deadlines on your own calendar. Our newly implemented “Filevine” case tracking system works well, and gives us automated reminders as deadlines approach.
Once a deadline has passed, it is passed. Witnesses and exhibits and legal theories can’t be added after the deadline. While this is harsh, it applies equally to both sides and forces everyone to do what needs to be done in the time allotted.
The lawyers and support staff of The Rockafellow Law Firm are here to serve you, our valuable clients in 2019 and beyond. We will do our very best to give you the information you need to process your case as quickly and efficiently as possible.
HAPPY NEW YEAR to you from all of us at The Rockafellow Law Firm. We look forward to providing quality legal services to you for many years to come.