Articles

A Civil Lawsuit

In Arizona, most civil actions are instituted in the County Superior Court, which is a Court of general jurisdiction. A civil action starts by filing a Complaint, which is a short and plain statement of the Plaintiff’s claim. Arizona follows the “notice pleading” standard in its rules of civil procedure, making a Complaint sufficient if […]

A Primer on Arizona’s E-Discovery Rules

On December 1, 2006, the Federal Rules of Civil Procedure were modified in order to address e-discovery issues. The Arizona Supreme Court has followed suit by adopting new e-discovery rules that became effective on January 1, 2008. The changes adopted by the Arizona Supreme Court modernize the old rules and specifically address e-discovery. E-discovery is […]

Dram Shop Law Primer

Once, during Prohibition, I was forced to live for days on nothing but food and water. ~ W.C. Fields Prohibition may be a thing of the past, but the government’s reign over the control of “spirituous liquors” is far from over. Title 4 of the Arizona Revised Statutes, Alcoholic Beverages, addresses Arizona laws regarding the […]

E-Discovery: Preparing for the Inevitable

The internet has changed the world. Electronic communication is now possible around the globe–around the clock. Letters, pictures, documents and messages can now be sent instantly, and in many cases can be sent and received whether you are sitting at your desk or not. With increased conveniences, however, come some potential pitfalls. In the legal […]

In Case of an Auto or Home Accident

AUTO ACCIDENT: Call 911 for immediate help for anyone who is injured and call the police. The driver of a vehicle involved in an accident resulting in injury to or death of any person “shall immediately, by the quickest means of communication, whether oral or written,” notify the police department of the accident, if the […]

Insurance Claims – Two Helpful Tips

Fires happen, break-ins occur; that is why we have insurance to protect our assets against loss from fire or theft. So when the unfortunate happens, how do you prove to your insurance company that you really did have a diamond and ruby bracelet that was stolen? How do you prove that your television really was […]

When a Release May Not Be a Release

A professional race car driver named Charles Phelps signed both a “Release and Covenant Not to Sue” and a “Release and Waiver of Liability Assumption of the Risk and Indemnity Agreement” before entering a race at Firebird Raceway in Chandler, Arizona. During the race, Phelps’ vehicle crashed and erupted into flames. He suffered serious burns […]

Don’t Get Caught Holding the Bill!

Many people do not understand the importance of uninsured and underinsured motorist (UM/UIM) insurance coverage until it is too late. These two types of coverage are incredibly important to protect you and your family. Additionally, the cost of UM/UIM coverage is relatively inexpensive given the protection it provides. A motorist is “uninsured” when he or she does […]

If You Are Summoned To Court, Where Do You Go?

Did you know… There are four courthouses in Tucson (not including the United States Bankruptcy Court or Juvenile Court.) So you are summoned to Court. Which one? Tucson City Court is at 103 E. Alameda St., Tucson, AZ 85701. If a traffic citation or misdemeanor criminal violation occurred in the Tucson city limits, this is your […]

Recovering Attorneys’ Fees

The general rule regarding attorneys’ fees, sometimes referred to as the ‘American Rule,’ is that, absent a statute or contract, the prevailing litigant is ordinarily not entitled to collect attorney’s fees from the losers. There are several statutes that permit the award of attorneys’ fees in certain types of cases. But in all other cases, […]