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STATE v. MUN. COURT OF CITY OF PHOENIX

Nos. 1 CA-CIV 9274, 1 CA-CIV 9469.

155 Ariz. 186 (1987)

745 P.2d 634

STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Plaintiffs-Appellants, v. The MUNICIPAL COURT OF the CITY OF PHOENIX, Arizona, and the Honorable John L. Wiehn, Judge thereof; and Claude R. Jennings and Billie J. Niblack, Defendants and Real Parties in Interest, Defendants-Appellees. Dean R. PETERSON, Plaintiff-Appellee, v. CITY OF PHOENIX MUNICIPAL COURT; the Honorable George Bonsall, Judge Pro Tempore, Real Party in Interest therein; and City of Phoenix, a political subdivision of the State of Arizona, Defendants-Appellants.

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

November 5, 1987.

Attorney(s) appearing for the Case

J. Michael Sauer, Phoenix, for defendants-appellees.

Kenneth D. Freedman, Phoenix, for plaintiff-appellee.

Kurt N. Mills and Michael L. Scanlan, Asst. City Prosecutors, Phoenix, for plaintiffs-appellants.

OPINION

FROEB, Judge.

When a witness will not "cooperate" in giving a personal interview, rule 15.3, Arizona Rules of Criminal Procedure, authorizes the court, in its discretion, to order the taking of the witness's oral deposition. The determination of whether a witness is "cooperative" is generally a matter within the discretion of the trial court. After reviewing the three cases before us in this consolidated appeal, we find a proper exercise of discretion...

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