Seisinger v. Siebel

OPINION

IRVINE, Presiding Judge.

¶ 1 In this appeal, we determine the constitutionality of Arizona Revised Statutes (“A.R.S.”) section 12-2604(A) (Supp.2007) under the separation of powers clause of the Arizona Constitution. Section 12-2604 governs the qualifications necessary for expert witnesses in medical malpractice actions. Laura Seisinger (“Seisinger”) contends that § 12-2604(A) is unconstitutional because it violates the doctrine of separation of powers. She argues that § 12-2604(A) is in direct conflict with Rule 702 of the Arizona Rules of Evidence. For the following reasons, we hold…