McCarthy v. Arnold

OPINION

HATHAWAY, Chief Judge.

The issue presented in this special action is whether the trial court erred in refusing to order an examination of the real party in interest as to his inability to give security for costs pursuant to Rule 67, Rules of Civil Procedure, 16 A.R.S. We accept jurisdiction to correct a plain and obvious error committed by the trial court. See Amos v. Bowen, 143 Ariz. 324, 693 P.2d 979 (App. 1984).

The petitioner, McCarthy, is a defendant in a pending superior court action, and the real party in interest, Guarrascio, is the plaintiff. Guarrascio filed his complaint…