5.6.3.1 Arizona Rules and Law[10]

• Jurisdiction: Arizona

In Arizona state courts, all information either given to or gathered by a testifying expert is discoverable by the adverse party.^[11] Expert disclosures are governed by Rule 26.1(a)(6), of the Arizona Rules of Civil Procedure. While Federal Rule of Civil Procedure 26(a)(2)(B) requires a written report “prepared and signed by the witness,” there is no such mandatory requirement under the Arizona Rules of Civil Procedure. If, however, the testifying expert does choose to prepare a report, it is discoverable under Arizona Rule 26.1(a)(6).

Information given to or generated by a consultant, on the other hand, enjoys the protection of the work-product doctrine and is discoverable only upon a proper showing of substantial need and the inability to obtain the substantial equivalent by other means without undue hardship.^[12]

Under Arizona statute, claims against licensed professionals (architects and engineers) must include a written statement that is filed and served with the claim stating whether or not expert opinion testimony is...