LUMBER COUNTRY v. SUPERIOR COURT

No. 1 CA-SA 164.

155 Ariz. 98 (1987)

745 P.2d 156

LUMBER COUNTRY, INC., an Arizona corporation; Edward Cermak and Janet Cermak, individually and as husband and wife, Petitioners, v. SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF MARICOPA, Honorable Robert L. Gottsfield, a judge thereof, Respondent Judge. Jimmy LEWALLEN and Nanette Lewallen, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied November 17, 1987.


Attorney(s) appearing for the Case

Snyder, Robens & Wenner, P.C. by Howard M. Snyder, Phoenix, for petitioners.

David L. Sandweiss, Phoenix, for real party in interest.


JACOBSON, Judge.

The issue presented in this special action is whether the trial court erred in ordering defendants/petitioners, Lumber Country and Edward and Janet Cermak, to produce certain statements, sought in the course of discovery, which were made by Edward Cermak and a witness to defendants' insurer. They argue that plaintiff/respondent, Jimmy Lewallen, failed to meet the "substantial need" and "undue hardship" requirements of Rule 26(b)(3), Arizona Rules...

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