Legal Question in Civil Litigation in Arizona
Obtaining Pictures in a civil law matter
If we need to get a picture of something to help our side of the case, and the thing is in the other parties possesion, can we obtain pictures legally, and how would we do this?
1 Answer from Attorneys
Re: Obtaining Pictures in a civil law matter
In small claims court, you don't have the regular rules of procedure, and there is usually no "discovery."
Discovery is the chance to get information and stuff from the other side to prepare for trial. To get discovery, you must be in Justice or Superior Court.
If you are involved in a lawsuit in Justice or Superior Court, then most likely yes you could get the picture. Review the Arizona Civil Rules of Procedure to determine most of the rules to follow while involved in a lawsuit. A free link is here:
http://azrules.westgroup.com/home/azrules/default.wl
To get a copy of a document or thing, a party uses Rule 34 to send the other party a request to produce it. Additionally, if the documents or things relate to the lawsuit, the other party may be required to provide them pursuant to Rule 26.1.
If the other party does not produce the thing, then the requesting party can follow Rule 37 to ask the court to compel the other party to produce the thing.
Related Questions & Answers
-
Libel case Where do I find the actual law that supports my case? Asked 2/11/07, 12:46 pm in United States Arizona General Civil Litigation