Arizona Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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FAQ

The One Expert Rule is not meant to combat cumulative evidence, but rather its purpose is to reduce costs in presenting multiple expert witnesses. Arizona Rule of Evidence 403 addresses cumulative evidence and relevant evidence can be excluded if its probative value is outweighed by a danger of cumulative evidence.

Rule 55 - Default; Default Judgment [Effective until January 1, 2024] (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule.

If a defendant fails to pay a fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with a term or condition of sentence within the prescribed time, the court shall, within 5 days, notify the prosecutor.

Under the discovery rule, a plaintiff's statute of limitations deadline will be extended if they are not aware of the injuries they suffered due to the defendant's fault, and they could not have reasonably discovered the injury.

At the PTC, you are entitled to review a copy of the complaint(s), any written police reports, accident reports, and any other evidence that the State intends to use at the trial. Witnesses do not attend the pre-trial conference, and no testimony is taken.

Rule 26(e) applies in determining whether electronically stored information is not reasonably accessible as provided in this rule. (ii)Specific Limits. A party is not entitled to obtain discovery of electronically stored information that is sought for purposes unrelated to the case.

In civil cases , Rule 7.1 of Arizona Rules of Civil Procedure states that the opposing party shall file an answer within 10 days after the motion was filed and served. Rule 6(e) of Arizona Rules of Civil Procedure allows an additional 5 calendar days when the motion is served by mail.

Rule 26(d)(1) of the Arizona Rules of Civil Procedure requires that the disclosure statement is provided to the opposing party within thirty (30) days of the defendant filing an answer. Initial disclosure statements are not filed with the court but simply shared with the opposing party.

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Arizona Matters that Should be Included in Pretrial Conference Order or Pretrial Order