ARS 36-539(B) Interpretation

In In re Pima County Mental Health Matter No. MH 862-16-84, 143 Ariz. 338, 693 P.2d 993 (App. 1984) the Court held that a nurse who worked at the hospital where the patient was treated could testify as an acquaintance witness. Id. at 339, 693 P.2d at 994. In making this determination, the court noted that the nurse had "frequent contact" with the patient and stated that the "function of the two lay witnesses was to attest to the general demeanor of the proposed patient." Id. at 340, 693 P.2d at 995. The court observed that the only time requirement imposed by 36-539(B) is that the witness be acquainted with the patient at the time of the mental disorder. Id.