Foster v. Brooks

STEVENS, Judge.

In the above numbered Superior Court cause, the Respondent Judge granted the motion of Patrick to strike the answer of the petitioner to Patrick’s counterclaim and to enter the petitioner’s default in relation to the counterclaim by reason of her failure to appear for the taking of her deposition. The rule pursuant to which the Respondent Judge entered his order is Rule 37(d), Rules of Civil Procedure, 16 A.R.S., which reads, in part, as follows:

“ * * * If a party * * * zvilfully fails to appear before the officer who is to take his deposition, after being served with a proper…