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again attorney Steve fonder in the business in real estate lawyer we are talking in this video about Arizona Rules of Civil Procedure and initial disclosure requirements rule 26.1 without further ado let's head to the attorney Steve the litigation white board okay let's back it up here actually we're Harvey backed up we are talking in this robot a Arizona Rules of Civil Procedure 26.1 the initial disclosure requirement okay so this is very simple okay you file a lawsuit the other party is going to to do a responsive pleading which is the answer I file a lawsuit you file the answer or demur I found a counter counter complaint you file an answer to that so within 40 days 40 days of filing that initial complaint you have a you have it so you have an answer okay within 40 days of finding that answer you have a voluntary disclosure statement that's due under Rule 26 point one okay so this is how it works you have the document the responsive pleading 40 days you answer okay you'd not answer you give your initial disclosure statement okay this is a duty this is unless the court orders otherwise if you for some reason get if you go to court and say we can't do that or I can't do it within 40 days this can be adjusted it's a continuing duty until victim the case is over so whenever you find new information you need to disclose that okay so we've got that checked off we got that checked off we've got that really the last thing that we have here is what do we disclose what do we disclose okay there's nine things okay so it's actually pretty simple there's nine things one the factual basis set forth the facts of your case what you know what you believe to be true set forth the facts okay the factual basis for your claims factual basis for your defenses to legal theories set forth your legal theories what the law is cite some law it's okay cite some case law in there and say this is what our theory is the defendant breached the contract they were supposed to sell the property they didn't sell the property you know it was a slip and fall and they were injured and in a swimming pool accident in this on this date there was a duty of due care those kinds of things so legal theories number two the number two thing three you need to set forth all the witnesses that you're aware of all the witnesses that you're aware of so if you know this person was a witness maybe the escrow agent let's say was a witness to to the breach of contract you put down the name in the address phone number contact information for the escrow person so you lay forth all the witnesses now of course you're not going to know everybody because there is a discovery process that goes through but put down who you know put down the people that you know and as I said supplement that as new names become available so your witnesses 3pao for other persons with relevant knowledge this may be people that you wouldn't necessarily call as a witness you wouldn't put them on your witness list number three but they may have some relevant knowledge like the escrow agent missing I'm not going to call the escrow agent into court but they do have some we do believe they have some relevant information so put down other persons with relevant knowledge pertaining to the case that have that something have they have some knowledge pertaining to the case the other side's entitled to know that and to try to get at that information so what the courts are trying to do with what they try to do in Arizona is to not have trial by ambush to put all those just put all the cards on the table as early as possible okay federal court has a very similar requirement note however that California does not have this early disclosure requirement so it's kind of interesting you know being that our firm litigates business and real estate cases in both states you know we have first-hand hand in federal courts we have first-hand knowledge of how this disclosure will work so this is unique to Arizona federal courts also have a disclosure California does not okay number five set forth all the persons who have given written or recorded statements or if somebody the police officer came on the scene and they gave a police report and you're aware of that put down what you know okay disclose initial disclosure so put down what you know you put that information out there okay number six expert witnesses if you know you're gonna have an appraiser that's going to come in as an expert and accountant as an expert a real estate broker standard of care expert whatever you have you know you're going to have some experts if you know at the early stage sometimes you don't know the experts come later sometimes but if you do know disclose item number six number seven calculate your damages if you're filing the complaint or a counter complaint cross-complaint third-party complaint doesn't really matter calculate your damages set forth what what we're doing here these are my damages I've got this I've got emotional damages I've got lost business I've got punitive damages I have attorney fees I have out-of-pocket costs like all kinds of things so put down your damages itemized it to the extent that you're aware now these do not have to be cold hard you know solid concrete facts you can basically say this is what we believe it's an approximation it could be more we're going to you know we reserve the right to supplement our disclosure at any time or amend supplement or amend okay so your damages calculation number seven eight is a list of documents and things that you plan to use a trial now again you know it's early on in the litigation here because we're only within 40 days of a responsive pleading so we're really kind of early in the first couple months of a case that we're doing these disclosures but to the extent that you know evidence that's going to be used the purchase and sale agreement the escrow instructions the disclosures this is a real estate case those kinds of things we know these are going to be an itemized itemized evidence it going to use a trial you may say I'm going to use any pleadings that I get in Discovery any deposition transcripts that I get from the other party so you're just putting a list of everything that you believe at this early stage that's going to be used and finally category number nine any other persons with any other relevant evidence that you may be used and who that person is the custodian the person who has those documents so again going back to our real estate example you could have an escrow company and you say they have documents the the buyer has documents on this other party that made an offer on the property they have documents this real estate agent has documents okay so you may want to put those up here with other persons with relevant knowledge and you may want to put them down here as well other relevant evidence and the custodian who has it okay so these are the main things that you want to consider when you're doing your Arizona rule 26.1 initial disclosure statement state of Arizona if you need help litigation case you need a law firm to take it over lots of times we have judges that say I've had enough of the proper you need to get a lawyer you got a good case but you're doing it wrong I have to make you follow the rules of procedure if you need some help some advice give us a call you can find out more information I ask attorney Steve calm that'll take you to our home page ask attorney Steve calm other than that make sure you scrap subscribe to our free legal updates to your right straight to your desktop and we look forward to working with you thanks a lot I hope this has been helpful you