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REFERENCE TITLE: respondent in discovery; civil actions |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2519 |
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Introduced by Representative Heinz
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AN ACT
amending title 12, chapter 10, Arizona Revised Statutes, by adding article 4; relating to special actions and proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 10, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. RESPONDENT IN DISCOVERY
12-1881. Respondent in discovery; civil actions; service; expenses
A. In any civil action the plaintiff may designate as a respondent in discovery in the plaintiff's pleading any person, other than the named defendant, whom the plaintiff believes to have information essential to the determination of who should properly be named as an additional defendant in the action.
B. A person who is named as a respondent in discovery shall respond to discovery by the plaintiff in the same manner as a defendant and, on motion of the plaintiff, may be added as a defendant if the evidence discloses the existence of probable cause for such action.
C. This section does not apply to a person who is named as a respondent in discovery and who, on the person's own motion, is made a defendant in the action.
D. A copy of the complaint shall be served on each person who is named as a respondent in discovery.
E. Each respondent in discovery shall be paid witness fees and expenses.
F. A person who is named as a respondent in discovery may be made a defendant in the same action at any time within six months after being named as a respondent in discovery, even if the time during which an action may otherwise be initiated against the person expired during that six month period. One extension from the original six month period may be granted for up to ninety days for either the withdrawal of plaintiff's counsel or for good cause. Notwithstanding the limitations in this subsection, the court may grant additional reasonable extensions from this six month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
G. The plaintiff shall serve on the respondent a copy of the complaint together with a summons that contains the following:
1. Notification that the person is a respondent in discovery pursuant to this section.
2. The names of the plaintiff and the defendant.
3. Any requests for depositions or other discovery.
4. Any required witness and mileage fees.