The Arizona discovery plan

The scope — in the rule's own shape

Ariz. R. Civ. P. 26(b)(1)

Nonprivileged matter that is relevant to any party's claim or defense AND proportional to the needs of the case — considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense outweighs the likely benefit.

• Proportionality is IN the state rule's text — and Arizona then stacks Rule 26.2's tier caps ON TOP of it: scope fights happen inside a capped budget, not an open field.
• Disclosure comes FIRST: Rule 26.1's affirmative disclosure duty runs before and beneath every request — discovery supplements disclosure, it does not replace it.
• The clock is structural too: each tier's days-to-complete run from the Early Meeting (Rule 26.2(f)).

The plan machine — confer → Joint Report → the tier clock

Ariz. R. Civ. P. 16(b); 26.2(f)

1. 1

   The parties must confer on the Rule 16(d) subjects early — the rule's trigger runs from the action's own milestones, whichever occurs first.

2. 2

   No later than 14 days after conferring, the parties must file a Joint Report and a Proposed Scheduling Order stating their positions on the Rule 16(d) subjects.

3. 3

   Rule 16(b) carves out its own exceptions — medical-malpractice actions, compulsory-arbitration cases (Rule 72(b)), complex actions (Rule 8(h)), and listed relief types run their own tracks.

4. 4

   The discovery clock runs from the date of the Early Meeting — each tier's completion days count from that date, extendable for good cause (Rule 26.2(f)).

The disclosure statement — the ten categories you owe unasked

Ariz. R. Civ. P. 26.1(a)

1. 01

   The factual basis of each claim or defense

2. 02

   The legal theory of each claim or defense, with citations where needed for a reasonable understanding

3. 03

   Each trial witness — name, address, telephone number, and the substance (not merely the subject matter) of the expected testimony

4. 04

   Each person believed to have knowledge or information relevant to the action, with a fair description of it

5. 05

   Each person who has given a statement, and each statement's custodian

6. 06

   Each trial expert — subject matter, facts and opinions, a summary of the grounds, qualifications, and the custodian of reports

7. 07

   A computation and measure of each category of damages, the supporting documents and testimony, and the damages witnesses

8. 08

   Tangible evidence, documents, and ESI planned for use at trial, including impeachment material — existence, location, custodian, description

9. 09

   Tangible evidence, documents, and ESI that MAY be relevant to the subject matter — existence, location, custodian, description

10. 10

    Any insurance policy, indemnity agreement, or suretyship agreement under which another person may be liable