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State Ex Rel. Mapes v. District Court10/30/1991 d not provide a possible opportunity, either intentional or unintentional, to elicit statements or admissions against interest that defendant's attorney would be prohibited from eliciting during a deposition. The only way to assure that this does not occur is to allow the presence of plaintiff's attorney.
For these reasons, the order of the District Court requiring plaintiff to submit to a psychiatric examination without the presence of his attorney is vacated, and the court is instead directed to enter an order in accordance with this opinion. Recording devices, however, will not be permitted unless specifically requested by defendant or Dr. Harr.
The clerk shall mail a copy of this order and opinion to the Clerk of the Eighth Judicial District Court, Cascade County, The Honorable Thomas M. McKittrick, and to all counsel of record.
/s/ TERRY TRIEWEILER, Justice /s/ J.A. TURNAGE, Chief Justice /s/ JOHN CONWAY HARRISON, Justice /s/ WILLIAM E. HUNT SR., Justice /s/ R.C. McDONOUGH, Justice /s/ KARLA M. GRAY, Justice /s/ FRED J. WEBER, JUSTICE
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