Section 13.4 Calling the Adverse Party’s Expert

• Jurisdiction: Arizona

In a personal injury case, the Arizona Supreme Court held that the fact that an expert is hired by an attorney to evaluate an issue in a case does not render the expert incompetent on the grounds of privilege to testify on behalf of another party to the same lawsuit. Neither does Rule 26(b)(4)(B) of the Arizona Rules of Civil Procedure preclude a party from calling an expert hired by an adverse party to testify, although that result might be appropriate as a sanction in the case of a flagrant violation of...