Hunter Contracting Co., Inc. v. Superior Court (Mariciopa County)
In Hunter Contracting Co., Inc. v. Superior Court (Mariciopa County), 190 Ariz. 318, 947 P.2d 892 (App. 1997), for example, the Court reviewed a statutory restriction imposed upon a plaintiff's choice of an expert witness.
That statute required one bringing "a claim against a registered professional or contractor"5 to submit with the complaint an affidavit from a qualified expert, and then required dismissal if the proper affidavit was not timely filed. Id. at 320, 947 P.2d at 894.
The statute specified that a qualified expert was one licensed to practice or one who taught in the same discipline as the defendant. Id. at 321, 947 P.2d at 895.
The Court held that the statute infringed the fundamental right to bring an action against registered professionals or contractors by "significantly narrowing the range of expert witnesses" to persons of the same discipline as the defendant. Id. at 324, 947 P.2d at 898.