Arizona Petition to Perpetuate Testimony when No Action Pending

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US-02472BG
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Description

Rule 27(c) of the Federal Rules of Civil Procedure permits pre-litigation discovery to perpetuate testimony. Most states base their Rules of Civil Procedure on the Federal Rules in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.

Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S. § 12-133.

A plaintiff seeking assignment of an eligible case to the commercial court must (A) include in the initial complaint's caption the words ?eligible for commercial court,? and (B) complete a civil cover sheet that indicates the action is an eligible commercial case. (2) Assignment to Commercial Court.

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.

Perpetuating testimony is the procedure permitted by both federal and California discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used.

P. 71. When an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party.

A party may use a uniform interrogatory when it is appropriate to the legal or factual issues of the particular action, regardless of how the action or claims are designated. A party propounding a uniform interrogatory may do so by serving a notice that identifies the uniform interrogatory by form and number.

Rule 7.3 provides: (a) Generally. A court, on application supported by affidavit showing sufficient cause, may issue an order requiring a person to show cause why the party applying for the order should not have the relief it requests in its application.

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Arizona Petition to Perpetuate Testimony when No Action Pending