5.6.1 Introduction

• Jurisdiction: Arizona

Experts can be initially hired as either consulting or testifying witnesses, and the distinction is important. In Arizona state courts, communications with a consulting witness (“consultant”) are generally protected by the work-product privilege (unless that consultant later becomes a testifying expert or unless the party seeking such discovery has substantial need of the materials and such party is unable without undue hardship to obtain the substantial equivalent of the materials by other means^[2]), but communications with a testifying expert are discoverable.^[3] Because of the recent amendments to the Federal Rules of Evidence, however...