BARTLETT v. SUPERIOR CT. IN AND FOR PIMA CTY.

No. 2 CA-SA 0332.

150 Ariz. 178 (1986)

722 P.2d 346

Jeffrey S. BARTLETT and May Broadcasting Company, dba KGUN-TV, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA; Hon. Jack T. Arnold, a Judge thereof, Respondents, and Edwin H. CUNNINGHAM and Jane Doe Cunningham, husband and wife; Walter Edwards Burke and Jane Doe Burke, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied May 28, 1986.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by D. Michael Mandig, Tucson, for petitioners.

Johnson, Dowdall & Price by Michael L. Price, Tucson, for real parties in interest.


OPINION

HOWARD, Presiding Judge.

In this special action, we are called upon to determine the validity and applicability of an asserted qualified journalist's privilege to resist a subpoena in a civil action to which the journalist is not a party. The petition was filed following the order of the trial court requiring production of a videotape which had been subpoenaed pursuant to A.R.S. § 12-2214. Because the petition raises issues of first impression...

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