What are the remedies for discovery violations?
In Arizona there are many remedies for discovery violations. These remedies vary depending on the facts of the case and why the violation occurred. Generally speaking, the remedies for discovery violations are designed to protect the innocent party and punish the offending party. The most common remedy in Arizona is sanctions. Depending on the severity of the violation, sanctions can range from a simple reprimand to ordering a party to pay attorney fees or other costs. When ordering sanctions, a court will look at the offending party’s intent, the severity of the violation, and any resulting prejudice to the other party. Another remedy is making the guilty party pay for the costs of conducting additional discovery. This could include attorney fees, court costs, and the time spent in responding to the additional discovery. In some cases, a court may also order a party to produce documents or give testimony on their own dime. This remedy is used when a party refuses to cooperate in discovery and the other party is unable to get the information it needs to prove its case. Finally, in the most extreme cases, a court can impose a financial penalty for a discovery violation. This penalty is usually a fine that the offending party must pay. In Arizona, it is important to take discovery violations seriously. A court may impose serious sanctions, financial penalties, and other remedies to punish the offending party and protect the innocent party.
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