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How to Determine the Correct Date to Base Time Computations On For Exchanging Initial Disclosure Statements?

Glendale, AZ |

If a Plaintiff files a lawsuit on a given date, and then the Defendant subsequently files their Answer and a Counterclaim (in the same responsive pleading) to Plaintiff's Complaint, would the Initial Disclosure Statements for each party than be due 40 days from Defendants' filing date of the Answer/Counterclaim to Plaintiff's Complaint, or would they actually be due 40 days from Plaintiff's subsequent filing date of their Answer to Defendant's Counterclaim? In other words, which of the two responsive filings (Defendants' Answer/Counterclaim or Plaintiff's Answer to Counterclaim) takes precedent when it comes to computing time calculations for making the Initial Disclosure to the opposing party so as to comply with the rules of civil procedure (which in Arizona is 40 days)?

Attorney Answers 2

  1. The answer to your question depends on the jurisdiction in which the lawsuit is filed.

  2. It is from the date the answer to the counterclaim is filed.

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