State v. Mahoney

OPINION

HATHAWAY, Judge.

The subject of this special action is an order of the respondent court granting a motion of the real parties in interest for an order compelling discovery. Petitioner claims; and correctly so, that the order requiring a non-party to answer interrogatories was erroneous.

Petitioner is the plaintiff in a pending consumer fraud action against the real parties in interest (hereinafter referred to as defendants). Verification of the state’s complaint was made by Stanley Rosenberg, an investigator, as is proper under Rule 11(b), Rules of Civil Procedure, 16 Á.R.S., since Mr.…