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PARA v. ANDERSON EX REL. COUNTY OF MARICOPA

No. 1 CA-SA 12-0086.

290 P.3d 1214 (2012)

Daniel J. PARA, M.D., and Jane Doe Para, husband and wife; Surgical Offices of Daniel J. Para, M.D., FACS, PLLC, an Arizona corporation; Michael D. Beck, M.D., Petitioners, v. The Honorable Arthur ANDERSON, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, Jonathan Connolly, individually and on behalf of the statutory beneficiaries of Cortney Ann Connolly, deceased, Real Party in Interest.

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

November 1, 2012.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. By John J. Egbert , Jay A. Fradkin , Phoenix, Attorneys for Petitioners Para.

Smith, Farhart & Hornstein, LLP By Donald H. Smith , Elizabeth J. Farhart , Peoria, Attorneys for Petitioner Beck.

Harris, Powers & Cunningham, P.L.L.C. By Shawn M. Cunningham , Joseph D'Aguanno , Phoenix, Attorneys for Real Party in Interest.

OPINION

SWANN, Judge.

¶ 1 This special action requires us to decide whether redesignation of an expert witness in a civil case from "testifying" to "consulting" operates to insulate the expert from discovery. We previously issued an order accepting jurisdiction with a written opinion to follow. This is that opinion. We hold that a party may not reinstate the privileges and discovery protections that apply to consulting experts by redesignating an expert...

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