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STATE EX REL. BAUMERT v. SUPERIOR COURT, ETC.

No. 15965-SA.

133 Ariz. 371 (1982)

651 P.2d 1196

STATE of Arizona, ex rel. Andy BAUMERT, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT OF the COUNTY OF MARICOPA, and The Honorable Robert A. Hertzberg, Judge thereof; The Municipal Court of the City of Phoenix, Arizona, and The Honorable Gerald M. Kaplan, Judge thereof, and Marilyn C. Schuette, Defendant and Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

September 27, 1982.

Attorney(s) appearing for the Case

Andy Baumert, Phoenix City Atty. by Marvin A. Sondag, Asst. City Prosecutor, Phoenix, for petitioner.

Henry J. Florence, Ltd. by Sherry Bell and Goldenkoff & Gerry by Richard Gerry, Phoenix, for respondents.

CAMERON, Justice.

This is a special action brought by the State of Arizona from a decision by the City of Phoenix Municipal Court which ordered a police officer to appear, testify and fully cooperate in an oral deposition. We have jurisdiction pursuant to Rule 8, Arizona Rules of Procedure for Special Actions, 17A A.R.S.

The issue presented for review is whether the city court may require a witness to be deposed...

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