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Bertleson v. Tierney12/26/2002
ure of preliminary expert opinions -- consistent with Rule 26.1(a) -- at the time for serving disclosure statements in accordance with Rule 26.1(b)(1). The Rule 16(c) pretrial conference procedures for medical malpractice cases also pose no conflict. The current version of A.R.S. § 12-2602 supplements the procedural rules and does not violate the separation of powers clause. See Nihiser, 191 Ariz. at 203, 953 P.2d at 1256 (upholding a statutory scheme that provided an adequate basis for assuring the accuracy and reliability of blood samples because it neither conflicted with nor tended to engulf the evidentiary rules on admissibility).
CONCLUSION
For the above stated reasons, we affirm the trial court's determination that A.R.S. § 12-2602 is constitutional and affirm the dismissal of the Bertlesons' negligence claim.
CONCURRING:
E. G. NOYES, JR., Judge
SHELDON H. WEISBERG, Judge
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