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SCHRITTER v. STATE FARM MUT. AUTO. INS. CO.

No. CV-00-0226-PR.

36 P.3d 739 (2001)

201 Ariz. 391

Joann SCHRITTER, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Maricopa County, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

December 13, 2001.

Attorney(s) appearing for the Case

JoAnn Schritter, Tucson, In Propria Persona.

Bell O'Connor & Campbell, P.C., by David M. Bell and Zahnie L. Soe Myint, Phoenix, Attorneys for State Farm Mutual Automobile Insurance Company.

Denneen L. Peterson, and The Langerman Law Offices, Tucson, by Amy G. Langerman, Phoenix, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.

OPINION

McGREGOR, Justice.

¶ 1 When a party takes depositions of her own expert witnesses and uses their deposition testimony in lieu of live trial testimony, can the party recover expert witness fees as taxable costs under Arizona Revised Statutes (A.R.S.) section 12 332.A? We hold the party cannot recover those fees as taxable costs.

I.

¶ 2 JoAnn Schritter sustained injuries in an automobile accident. She sued the driver of...

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