Ariz. Admin. Code § 2-17-109

Current through Register Vol. 31, No. 2, January 10, 2025

Section R2-17-109 - Prehearing Disclosure

A. Within the times set forth in subsection (B), each party shall disclose in writing to every other party:

1. The factual basis of the appeal or response;

2. The legal theory upon which the appeal or response is based, including citations of pertinent legal authorities;

3. The names, addresses, email and telephone numbers of all witnesses the party expects to call at the hearing, with a description of the substance of each witness' expected testimony;

4. If a party is a corporation, the name of the state of incorporation. If the party is not an Arizona corporation, the party shall state whether it is qualified to do business in the state by the Arizona Corporation Commission;

5. If the party is a partnership, the name, address, email and telephone number of each partner;

6. The names, mailing addresses, email and telephone numbers of all of the following interested persons:

a. The permittee or registrant, if the permittee or registrant is not the appellant;

b. All persons who filed a notice of appearance in the action before the Department of Environmental Quality that the appellant is appealing;

7. The name and address of each person whom the party expects to call as an expert witness at the hearing, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness and the name and address of the custodian of copies of any reports prepared by the expert;

8. A list of documents which indicates the location, custodian, and a general description of any tangible evidence or relevant documents that the party plans to use during the hearing. Unless good cause is stated for not doing so, a copy of each document listed shall be served with the disclosure. If production is not made, the party shall indicate the name and address of the custodian of the document. A party who produces documents for inspection shall produce them as they are kept in the usual course of business.

B. The parties shall make the initial disclosure required by subsection (A) at least 15 days prior to the date set for hearing, unless the parties otherwise agree, or the Board shortens or extends the time for good cause. If feasible, counsel shall meet to exchange disclosures; otherwise, the parties shall serve the disclosures as prescribed in R2-17-105. At the same time the parties shall file with the Clerk the disclosures and 1 copy of each document listed.

C. The duties described in subsections (A) and (B) are continuing duties, and each party shall make additional or amended disclosures whenever new or different information is discovered or revealed. A party shall serve additional or amended disclosures seasonably, but in no event later than 3 days before the hearing, except by leave of the Board.

D. A party shall include in its disclosure, information and data in the possession, custody, and control of the parties as well as that which can be ascertained, learned, or acquired by reason- able inquiry and investigation.

E. Each party shall make the disclosure in writing under oath and sign the disclosure.

F. When information is withheld from disclosure or discovery on a claim that it is privileged or subject to protection as trial preparation materials, the party making the claim shall do so expressly and shall support the claim with a description of the nature of the documents, communications, or things not produced or disclosed that is sufficient to enable other parties to contest the claim.

Ariz. Admin. Code § R2-17-109

Adopted effective January 8, 1998 (Supp. 98-1). Amended and renumbered from R2-17-110 by final expedited rulemaking at 27 A.A.R. 815, effective 5/5/2021.