Nov 22, 2016

What is a 26.1 Initial Disclosure Statement?


Rule 26.1 of the Arizona Rules of Civil Procedure requires both parties exchange an initial disclosure statement. These disclosure statements are often referred to as "Rule 26.1 Statements" or "Rule 26.1 Disclosures" for short.

Rule 26.1 of the Arizona Rules of Civil Procedure requires that the disclosure statement is provided to the other party within forty (40) days of the defendant filing an answer. These statements are not filed with the court but simply shared with the opposing party. Many years ago Arizona courts decided to do what they can to help avoid "trial by ambush". That is, that want parties to share whatever information that exists with the opposing party. In theory this is supposed to increase the likelihood of parties settling without court intervention.

The Rule 26.1 disclosure statement must contain:
  1. A list of all possible trial witnesses. Note, just because a person is listed it does not mean that they must later testify. It simply gives the opposing party notice that you may be interested in having this person testify at the trial and what they may be testifying about.
  2. A list of other people with knowledge. This list is to include all persons who will not be called as trial witnesses, but who have information that may be pertinent to the subject of the lawsuit.
  3. Statements. Each party to the lawsuit must provide a list of any written or recorded statements within their possession to the other party. 
  4. Copies of exhibits and information. Each party must disclose all documents or exhibits they wish to use to support their claim or defense. Including any electronically stored documents. 
  5. List of all other Documents. This list must include all other relevant documents that are known to exist, regardless of whether or not they are favorable to your case. 
If a party discovers new information after having shared an initial 26.1 disclosure statement then you are required to provide an "amended" disclosure statement with the opposing party.


Nov 2, 2016

Intentional Destruction of Rental Property- A.R.S. 33-322

Section 33-322 of the Arizona Residential Landlord and Tenant Act states in part; "Removal or intentional and material alteration or damage of any part of a building, the furnishings thereof, or any permanent fixture, by or at the instance of the tenant, without written permission of the landlord or his agent, is a class 2 misdemeanor."

Essentially, the Arizona Landlord-Tenant Act says that if your Arizona tenant intentionally damages your property they may potentially be arrested and charged with a crime. Often when I am speaking with Arizona landlords they express the fear of a tenant trashing their property. The good news is that rarely do tenants intentionally damage a property out of spite. Though tenants often damage properties because of how careless and dirty they are while living in the home.

However, if things with your tenant are so bad you think they may intentionally trash your rental property then call us right away! Call 480-344-4035 to speak with an experienced Arizona eviction attorney today.