If a Plaintiff files a lawsuit on a given date, and then the Defendant files an Answer and A Counterclaim in the same responsive pleading, is the Initial Disclosure statement than due 40 days from Defendants' filing of the Answer/Counterclaim to Plaintiff's Complaint, or 40 days from Plaintiff's eventual filed Answer to Defendant's Counterclaim? In other words, which filing date takes precedent when it comes to computing time calculations for making the Initial Disclosure to the opposing party?
You should be able to find the Arizona rules of civil procedure on line. If you are in federal court, then the Federal rules of civil procedure will control. The rules should lay out the exact time periods and different scenarios. Pay attention to the comments following the rules. It sounds like you are prosecuting your claim yourself, which is never a good idea, especially when you have questions right from the start about the most basic principles.
You should contact an attorney licensed to practice in Arizona to handle your claim.
The Arizona Rules may be found at http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000. Be aware that local rules for the different courts also exist. Both parties have to provide an initial disclosure so I would suggest you get the opposing party/ counsel on the line and agree to a date.
Disclaimer: The information in this response is not, nor is it intended to be, legal advice or an agreement for representation. You should consult an attorney for advice regarding your individual situation.
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