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LEMIEUX v. SUPERIOR COURT OF ARIZONA, ETC.

No. 15769-SA.

132 Ariz. 214 (1982)

644 P.2d 1300

Michael Henry LEMIEUX and Jane Doe Lemieux, his wife, if married; Temcon Concrete Construction Co., an Arizona corporation, Petitioners, v. SUPERIOR COURT OF ARIZONA In and For MARICOPA COUNTY, and the Honorable David J. Perry, Acting as the Judge Thereof and Marian L. Rix and Ernest L. Rix, her husband, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

Supplemental Opinion May 4, 1982.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Ralph E. Hunsaker, Phoenix, for petitioners.

G. David Gage, Ltd. by G. David Gage, Phoenix, for respondents and real parties in interest Rix.

GORDON, Vice Chief Justice:

The issue presented in this special action is if persons who have been previously hypnotized concerning the matters of the litigation will be permitted to testify at a civil trial. We accept jurisdiction of this special action under Ariz.Const.Art. 6, § 5(1) and hold that persons who have undergone hypnosis and have been questioned on matters concerning the litigation are not permitted to testify at a subsequent civil trial.

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