Notification to Parties
The Cochise County Local Rules and Arizona Rules of Civil Procedure (ACRP) require information and evidence (disclosure) to be exchanged between the parties before the scheduled hearing or trial. No fewer than five (5) days before the arbitration hearing or mediation or forty (40) days after an answer is filed, whichever is earlier, each party shall disclose (deliver) in writing to every other party:
- The facts you believe support your claim or defense.
- The names, addresses, and telephone numbers of any person you will call as a witness at trial or the hearing and a brief description of each witnesses expected testimony.
- Copies of the documents you intend to offer into evidence in support of your claim or defense.
- Any other legal issues that you want the “trier of fact” (i.e., the Judge or arbitrator) to know and which may affect the final decision.
The duty to disclose information and evidence applies in Justice Court and arbitration cases. For parties participating in arbitration, documents may be admitted into evidence according to Cochise County Local Rule 12.2 (G)(6)(i-j).
If you do not disclose the information and evidence before the trial or hearing,
any or all of the following may occur:
- The trier of fact (Judge or arbitrator) may dismiss your case or enter a judgment by default against you.
- The trier of fact may prevent you from supporting or opposing certain claims or defenses.
- Your witness(es) may not be allowed to testify.
- You may not be permitted to use your documentary evidence.
- You may be ordered to pay the other party’s attorney’s fees and costs.
For those parties participating in arbitration hearings, the arbitrator may make a finding that you did not participate in good faith. Unless there is a good reason why you failed to make disclosure, such a finding would prevent you from appealing the arbitrator’s decision.