12-748. Remedial measures
A. If a defendant conducted a year 2000 compliance analysis or review and took
remedial measures, the plaintiff may not use the year 2000 compliance analysis or review
or the remedial measures to prove negligence, that the product, equipment or service was
defective or unreasonably dangerous or other culpable conduct. The plaintiff may use the
year 2000 compliance analysis or review to prove the feasibility of the precautionary
measures, to impeach or to controvert any position taken by the defendant that is
inconsistent with the contents of the year 2000 compliance analysis or review or the
remedial measures.
B. This section does not prevent the plaintiff from proving negligence, that the
product, equipment or service was defective or unreasonably dangerous or other culpable
conduct by other independent evidence or sources even if the other evidence or sources
are mentioned or included in the year 2000 compliance analysis or review or the remedial
measures.
C. The existence and contents of a year 2000 compliance analysis and review are
discoverable and subject to disclosure unless otherwise privileged. A portion of a year
2000 compliance analysis or review may be designated and maintained as confidential and
may be protected from public disclosure pursuant to the Arizona rules of civil procedure
if the portion involves a trade secret as defined in section 44-401, proprietary material
or competitively sensitive information. A court shall determine any confidentiality
dispute after an in camera review of the portion of the analysis or review in question.
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