Emergency Care Dynamics, Ltd. v. Superior Court
In Emergency Care Dynamics, Ltd. v. Superior Court, 188 Ariz. 32, 33, 932 P.2d 297, 298 (App. 1997) the Court addressed the discovery available when an expert has been retained as both a consultant and an expert witness and held that a party waives the work product protection ordinarily afforded the work of a consulting expert when the party designates that expert to testify at trial. 188 Ariz. at 36, 932 P.2d at 301.
As that court explained: "An expert may be either a witness or a protected consultant, but not both. 'Counsel must choose.'" Id.