State v. Superior Court of Pima County

MOLLOY, Judge.

Petitioner seeks a writ in this court to prohibit the taking of depositions by the defendant in a paternity action.

Action was commenced by the filing of a complaint by the complaining witness in July, 1965. Following a hearing in justice court, trial was set for June 14, 1966. Subpoenae duces tecum were filed by the defendant’s counsel on May 27, 1966 and served on the witnesses to be deposed. Time for taking the depositions was set for the following day, May 28, 1966. The petitioner, as deputy county attorney, was granted a hearing on May 28, 1966 on an order to show cause why…