Schritter v. State Farm Mutual Automobile Insurance

OPINION

McGREGOR, Justice.

¶ 1 When a party takes depositions of her own expert witnesses and uses their deposition testimony in lieu of live trial testimony, can the party recover expert witness fees as taxable costs under Arizona Revised Statutes (A.R.S.) section 12 332.A? We hold the party cannot recover those fees as taxable costs.

I

¶2 JoAnn Schritter sustained injuries in an automobile accident. She sued the driver of the other car, Nancy Webb, insured by State Farm Mutual Automobile Insurance Company (State Farm). Because Schritter could not locate Webb to effect personal service, the…