Arizona

Family Law

Family Law

Rule 62 – Production of Documents and Things and Entry onto Land

(a)Generally. A party may serve on any other party a request within the scope of Rule 51(b):

(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control:

(A) any designated documents or electronically stored information-including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations-stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or
(B) any designated tangible things; or
(2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
(b)Procedure.

(1)Number. Unless the parties agree or the court orders otherwise, a party may not serve requests for more than 10 items or distinct categories of items on any other party.
(2)Contents of the Request. The request:

(A) must describe with reasonable particularity each item or distinct category of items to be inspected;
(B) must specify a reasonable time, place, and manner for the inspection and for performing the related acts; and
(C) may specify the form or forms in which electronically stored information is to be produced.
(3)Responses and Objections.

(A)Time to Respond. Unless the parties agree or the court orders otherwise, the party to whom the request is directed must respond in writing within 40 days after being served with the request, or within 60 days after service of the summons and petition upon the respondent or execution of an acceptance of service by that respondent.
(B)Responding to Each Item. For each item or distinct category of items, the response must either state that inspection and related activities will be permitted as requested or state the grounds for objecting with specificity, including the reasons.
(C)Objections. An objection must state whether any responsive materials are being withheld based on that objection. A party objecting to part of a request must specify the objectionable part and permit inspection of the other requested materials.
(D)Producing the Documents or Electronically Stored Information. Unless the parties agree or the court orders otherwise, these procedures apply to producing documents or electronically stored information:

(i) a party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;
(ii) a party must produce electronically stored information in the form requested by the receiving party. If the responding party objects to a requested form-or if no form was specified in the request-the producing party may produce the electronically stored information in native form or in another reasonably usable form that will enable the receiving party to have the same ability to access, search, and display the information as the producing party; and
(iii) absent good cause, a party need not produce the same electronically stored information in more than one form.
(c)Nonparties. As provided in Rule 52, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.

Ariz. R. Fam. Law. proc. 62

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009; amended effectiveJan. 1, 2019.