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ARIZONA · RULE 26.2 · THE TIER SYSTEM

How much discovery does the rule give this case?

Arizona caps discovery BY RULE: every case is assigned to one of three tiers, and the tier sets the deposition hours, the interrogatories, the requests, and the discovery clock — per side. Below is the rule's own deemed-assignment arithmetic (Rule 26.2(c)(3)), computed from the number you enter under the 26.2(e) damages definition. Courts can reassign; the caveats say how.

The rule's deemed assignment

The three tiers, side by side

Tier 1 — simple cases

Actions claiming $50,000 or less in damages

Simple cases triable in one or two days — automobile tort, intentional tort, premises liability, and related insurance-coverage claims are generally Tier 1 absent unusual circumstances; minimal documentary evidence and few witnesses.

5h depo · 5 rogs · 5 RFPs · 10 RFAs · 120 days

Tier 2 — intermediate complexity

Actions claiming more than $50,000 and less than $300,000 in damages

Intermediate complexity — more than minimal documents, more than a few witnesses, likely expert witnesses and multiple liability theories; cases that do not easily fit Tiers 1 or 3 belong here. Nonmonetary-relief actions (alone or with damages under $300,000) take Tier 2 standard discovery.

15h depo · 10 rogs · 10 RFPs · 10 RFAs · 180 days

Tier 3 — complex cases

Actions claiming $300,000 or more in damages

Complex cases — extensive documentary evidence, numerous witnesses and experts, complex claims or multiple parties.

30h depo · 20 rogs · 10 RFPs · 20 RFAs · 240 days

The adjustments the rule itself carries

  • Multi-party sides: the court may for good cause increase a side's deposition hours, allocate hours among parties on a side, or otherwise ensure each party a reasonable opportunity (Rule 26.2(h)(1)).
  • Additional examination time ordered under Rule 30(d) does not count against the tier limits (Rule 26.2(h)(2)).
  • If the side configuration favors one common-interest group, the court may for good cause adjust the allocation (Rule 26.2(h)(3)).
  • Expert disclosures: Tier 1 and 2 cases follow Rule 26.1(d)(3); Tier 3 cases follow Rule 26.1(d)(4) (Rule 26.2(i)).

Read the rule itself: Rule 26.2, verbatim → · Whether to seek a different tier, stipulate over-limits, or move under Rule 26.2(g) is legal judgment for a licensed Arizona attorney.

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