Emma Spring v. Timothy R. Bradford

Summary

The court held that Arizona Rule of Evidence 615 prohibits a party from giving prospective witnesses transcripts of other witnesses' trial testimony, including when the prospective witnesses are experts. In a civil case, such a violation does not automatically establish prejudice, but the trial court must fashion an appropriate remedy, and a rebuttable presumption applies only when the violation is substantial and makes prejudice nearly impossible to prove. The court affirmed the denial of a new trial because Spring did not demonstrate an objective likelihood of prejudice and received cross-examination and curative-instruction remedies.