ARS Section 12-332 Interpretation
In Schritter v. State Farm Mut. Auto. Ins. Co., 201 Ariz. 391, P6, 36 P.3d 739, 740 (2001), the court considered whether the language of 12-332 permitted recovering as costs the fees paid to depose one's own expert witnesses when the deposition testimony was used in lieu of live testimony at trial. 201 Ariz. 391, P1, 36 P.3d at 739.
In reviewing the policy arguments for and against allowing such expenses to be taxed as costs, the supreme court noted that "wealthier parties could depose their highly-paid experts at length, plan to use the depositions in lieu of live trial testimony, and then use the possibility of recovering the deposition fees as taxable costs as a means of gaining settlement leverage." Schritter, 201 Ariz. 391, P16, 36 P.3d at 742.