Preserve Evidence Arizona Guidelines
Summary
Under Arizona law, the duty to preserve evidence arises when litigation is anticipated. Key legal basis includes Arizona Rule of Civil Procedure 26(b)(1) and common law duty to avoid spoliation. Relevant cases are Lennar Corp. V. Transamerica Ins. Co. (2006) and Soule v. Toth (2002). No specific statutory deadline exists; send notice as soon as litigation is anticipated.Full Conversation
Arizona Laws stating that I should send the other party a notice to preserve.
Please provide case laws related to this.
Also, share the maximum deadline until when I can send the notice to the other party.
- Legal Basis:
- Arizona Rule of Civil Procedure *(b)(*)
- Duty to avoid spoliation of evidence is rooted in common law.
- Relevant Cases:
- *Lennar Corp. v. Transamerica Ins. Co.* (*)
- *Soule v. Toth* (*)
- Deadline:
- No specific statutory deadline. Send the notice as soon as litigation is reasonably anticipated.
Do you need further assistance with any of these points?