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ALLSTATE INS. CO. v. O'TOOLE

No. CV-94-0178-PR.

182 Ariz. 284 (1995)

896 P.2d 254

ALLSTATE INSURANCE COMPANY, a foreign corporation; Jeff Swanty and Jane Doe Swanty, husband and wife; James Durham and Jane Doe Durham, husband and wife; Does I-X and Black and White Corporations I-X, Petitioners, v. Hon. Thomas W. O'TOOLE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, and Daniel KORMAN and Doreen Korman, husband and wife, Real Parties in Interest.

Supreme Court of Arizona.

June 14, 1995.

Attorney(s) appearing for the Case

Steptoe & Johnson by Floyd P. Bienstock, Lisa M. Bickel, and Kevin M. Judiscak, Phoenix, for petitioners.

Solomon, Relihan & Blake, P.C. by H. Micheal Wright and Kevin J. McAlonan, Phoenix, for real parties in interest.

Brian K. Stanley, Phoenix, for amicus Rosie M. Aguirre.

OPINION

ZLAKET, Justice.

The issue here is whether, under Rule 26.1(c) of the Arizona Rules of Civil Procedure, a trial court must automatically exclude witnesses and exhibits where no good cause for their late disclosure has been shown. In September 1992, respondents Daniel and Doreen Korman filed a complaint against his employer, Allstate Insurance Company, for wrongful termination and breach of contract. The Kormans' original attorneys withdrew from the...

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