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KELLY v. BLANCHARD

No. 1 CA-SA 23-0021.

529 P.3d 590 (2023)

Thomas James KELLY, Petitioner, v. The Honorable John BLANCHARD, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Louisa Adel Marie Goings, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

Filed April 27, 2023.

Attorney(s) appearing for the Case

Hill, Hall & DeCiancio, P.L.C., Phoenix, By Joel DeCiancio and Christopher Robbins , Counsel for Petitioner.

Gage & Mathers Ltd., Phoenix, By Martin H. Mathers and Joseph D'Aguanno , Co-counsel for Real Party in Interest.

Ahwatukee Legal Office, P.C., Phoenix, By David L. Abney , Co-counsel for Real Party in Interest.

RAJ Law P.L.L.C., Phoenix, By Daniel Rubinov , Rafat H. Abdeljaber , Counsel for Amicus Curiae Arizona Trial Lawyers Association.

Judge Michael S. Catlett delivered the opinion of the Court, in which Presiding Judge Paul J. McMurdie and Judge Michael J. Brown joined.

OPINION

¶1 The Arizona Rules of Civil Procedure permit the superior court to "order a party whose physical or mental condition is in controversy to submit to a physical or mental examination by a physician or psychologist." Ariz. R. Civ. P. 35(a)(1). When such an examination —known as an "independent medical...

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