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Pre-Trial Discovery of Expert Opinion

Abstract

The law with respect to discovery of opinions, conclusions and written reports of an adverse party's expert is in a state of flux in the federal courts and in many state jurisdictions as well. However, the Arizona Supreme Court settled the matter to a great extent in this jurisdiction by its recent decision in State ex rel. Willey. v. Whitman, in which it was held that facts and opinions acquired by the condemnee's expert appraisers who were proposed to be called at trial could be discovered by the condemnor through interrogatories. Many of the grounds frequently urged for denying discovery of such matter were considered by the court, and a review of those theories may be helpful in assessing the court's present position.

How to Cite

4 Ariz. L. Rev. 267 (Spring 1963)

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