Can the Defendant in a civil court case demand more detail/evidence regarding Plaintiff complaint and disclosure documents?

I am currently involved in a court case- I filed an initial complaint and subsequent disclosure documents and the case is scheduled for mediation. The defendant has replied demanding more detail and stating that the case will be dismissed unless I comply.

She is requesting witness information about somebody who I have not listed as a witness due to their not being relevant to the issue. In her mind this person is relevant. So my real question is, do I have to provide witness info for someone the Defendant does not know beyond them being my “friend” b/c the Defendant demands it? Can I stipulate that I will provide this info if she can explain how it is relevant?

A: Under Arizona Rule of Civil Procedure 26.1, these questions tend to be resolved by judges on a “common sense” basis. In other words, the answer to your question is that the witness must be disclosed if she has relevant information. What is relevant? Well, of course that depends on the facts of your specific case.

It is very unlikely that your case would be dismissed the first time this dispute were brought before a judge. Dismissal usually will only occur if the judge orders you to disclose information and you refuse to do so.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.

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