Counselor Not Entitled to Take Discovery Of Nonparty Who Took Part in Counseling

A nonparty fact witness who engaged in joint counseling with an individual suing a mental health counselor may not be compelled to provide information about their treatment for the defendant’s use, a state appeals court said Feb. 19 (Abeyta v. Soos, Ariz. Ct. App., 2 CA-SA 2013-0078, 2/19/14).

The Arizona Court of Appeals held that Gary Abeyta didn’t waive the counselor-patient privilege when his domestic partner, Paul Bruno, agreed to join him in counseling. The court ordered the trial court to vacate its denial of Abeyta’s request for a protective order and to enter the protective order ...