Legal Opinion

Phelps Dodge Corp. v. Superior Court in and for County of Cochise

Court of Appeals of Arizona

Decided March 8, 1968No. 2 CA-CIV 466PublishedCited by 21 opinions

1Opinion of the Court

MOLLOy, Judge.

This certiorari proceeding seeks review of pretrial orders, entered in a civil action, denying the plaintiff’s Rule 34 motion for inspection of documents, correspondence and records, and upholding an objection to a Rule 36 request for admissions. Conflicting policies of full discovery versus privilege against self-incrimination vie with each other in these pretrial gambits.

No prior Arizona decision has been called to our attention which reviews by special writ, as we are now doing, the denial of discovery in the trial court. Dean v. Superior Court, 84 Ariz. 104, 324 P.2d 764, 73…

2Cases cited55 opinions

  1. Hoffman v. United StatesSupreme Court of the United States · 1951
  2. Garrity v. New JerseySupreme Court of the United States · 1967
  3. Counselman v. HitchcockSupreme Court of the United States · 1892
  4. Rogers v. United StatesSupreme Court of the United States · 1951
  5. Slochower v. Board of Higher Ed. of New York CitySupreme Court of the United States · 1956

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3Cited by21 opinions

  1. First Federal Savings & Loan Ass'n v. SchamanekUtah Supreme Court · 1984
  2. Thoresen v. SUPERIOR COURT, IN AND FOR MARICOPA COUNTYCourt of Appeals of Arizona · 1969
  3. Warrilow v. Superior Court of State of Ariz.Court of Appeals of Arizona · 1984
  4. State v. OttCourt of Appeals of Arizona · 1990
  5. Morrison v. Superior Court of Coconino CountyCourt of Appeals of Arizona · 1969

16 more not listed; retrieve them via the Exa API.

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