Legal Opinion

Cosper v. Rea Ex Rel. County of Maricopa

Court of Appeals of Arizona

Decided March 3, 2011No. 1 CA-SA 10-0266PublishedCited by 2 opinions

1Opinion of the Court

OPINION

SWANN, Judge.

¶ 1 Pauline Cosper seeks relief from an order striking her supplemental disclosure of an expert witness in her appeal from an adverse compulsory arbitration award. The trial court precluded the expert because Cos-per had not identified him in her list of witnesses at the time she filed her Appeal from Arbitration. We hold that when a party makes seasonable, good faith disclosure of new evidence during the discovery period allowed by Ariz. R. Civ. P. (“Rule”) 77(g)(3), preclusion is not warranted absent a showing of prejudice that cannot be cured by less drastic means.…

2Cases cited9 opinions

  1. State Ex Rel. Pennartz v. OlcavageCourt of Appeals of Arizona · 2001
  2. Allstate Insurance v. O'TooleArizona Supreme Court · 1995
  3. Zimmerman v. ShakmanCourt of Appeals of Arizona · 2003
  4. Jones v. BuchananCourt of Appeals of Arizona · 1993
  5. Winner Enterprises, Ltd. v. Superior CourtCourt of Appeals of Arizona · 1988

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3Cited by2 opinions

  1. Cosper v. REA EX REL. COUNTY OF MARICOPAArizona Supreme Court · 2012
  2. Pauline Cosper v. Hon. rea/moraArizona Supreme Court · 2012

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