[DOWNLOAD] "Ward V. Superior Court" by Arizona Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Ward V. Superior Court
- Author : Arizona Court of Appeals
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Montgomery Ward and General Tire (Defendants) filed this special action after the trial court resolved a discovery dispute by granting Plaintiffs' Motion to Strike Defendants' Answer for violation of Rule 26.1, Arizona Rules of Civil Procedure (Rule). We have jurisdiction pursuant to Arizona Revised Statutes Annotated (A.R.S.) section 12-120.21(A)(4). We accepted jurisdiction because Defendants have no speedy and adequate remedy by appeal and because this is a matter of statewide importance. See Jones v. Buchanan, Ariz. , P.2d , 146 Ariz. Adv. Rep. 52, (App. Aug. 26, 1993). We granted relief and ordered a stay of trial court proceedings until this opinion issued. Because we conclude that the action of the trial court was an abuse of discretion and was procedurally defective, we reverse and remand with directions that the trial court conduct an appropriate hearing and issue appropriate orders and sanctions in the exercise of its discretion based on the facts of this case and the mandates of Rule 26.1(g) and Rule 16(f).