For example, fictitiously speaking, say one of the primary questions of fact in a civil case is whether or not one of the parties to the case still maintains a key to a mailbox. Must the party that is alleging within their Complaint that they still have the key within their possession have to physically disclose the said key to the opposing party in a disclosure, or is simply alleging it until trial simply enough?? Is there any way that a civil judge will hold/store physical evidence such as this until the end of a case–evidence that can’t be replaced or duplicated due to it being physical in nature. Or is the party claiming that they have the key obligated to physically disclose it? Wouldn’t that be a bit risky in the instance that the Defending party lies about receiving it?

A: The party that doesn’t have the key will have to show it to the other party if properly requested under Ariz. R. Civ. P. 34. It is unusual for the court to hold onto a piece of evidence, but if it were introduced as an exhibit, the court would typically keep it as a matter of course.

* 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 #201
Mesa, AZ 85213
Phone: 480-655-7440
Fax: 480-655-7099
Email: [email protected]

Denton Peterson, P.C.
7272 E Indian School Rd #540-132
Scottsdale, AZ 85251
Phone: 480-325-9919
Email: [email protected]

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.