12-743
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12-743. Notice; inspection; opportunity to cure A. Except as provided in subsection B of this section, a prospective plaintiff shall give written notice to a prospective defendant at least ninety days before commencing an action for damages or other relief caused by a year 2000 date failure. The notice shall identify the prospective plaintiff and shall describe in reasonable detail the year 2000 date failure and the damages or other harm caused by the date failure. If notice is given to other than a natural person, the notice shall be given to a partner, an officer, a managing or general agent or any other agent who is authorized to receive service of process. B. If the ninety day written notice under subsection A of this section cannot be given because the action must be commenced before the expiration of the statute or limitations or because the claim is asserted by a counterclaim, cross-claim or third party claim, the person who asserts the claim shall give written notice within thirty days after the date on which the action is filed or the counterclaim, cross-claim or third party claim is served. The court may not enter a judgment on the claim for at least ninety days after the date of the notice. A party may not seek discovery for at least ninety days after the date of the notice. C. If the plaintiff fails to provide written notice, the court shall dismiss the claim. If the court enters its dismissal order before the expiration of the statute of limitations that applies to the cause of action asserted by the plaintiff, the dismissal of the action is without prejudice and the notice provisions of this section apply. If the court enters its dismissal order after the expiration of the applicable statute of limitations, the plaintiff may reinstate the action pursuant to section 12-504, subsection A and the notice provisions of this section apply. D. Within sixty days after receiving notice under subsection A or B of this section, a prospective defendant may request in writing to inspect any product, equipment or service to assess the nature, scope and consequences of the year 2000 date failure if the product, equipment or service is subject to a prospective plaintiff's possession or control. The prospective defendant shall conduct the inspection in a reasonable manner at a reasonable time and place. E. Within ninety days after receiving notice pursuant to subsection A or B of this section, the prospective defendant may offer to cure the year 2000 date failure that is the subject of the claim. The offer to cure may include the offer to repair, replace, upgrade or update the product, equipment or service, to make restitution or to provide remedial measures. F. The inspection and the results of the inspection may be offered as evidence or admitted into evidence consistent with the standards applicable for year 2000 compliance analysis or review pursuant to section 12-748. An offer to cure or to make restitution and the cure or restitution of a year 2000 date failure may be offered in evidence pursuant to rule 408, Arizona rules of evidence. |