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.

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.