Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-2236 (2026)

Waiver of privilege as to attorney or doctor

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A person who offers himself as a witness and voluntarily testifies with reference to the communications referred to in sections 12-2234 and 12-2235 thereby consents to the examination of such attorney, physician or surgeon.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1966–2025 · leading case: Church of Jesus Christ of Latter-Day Saints v. Superior Court, 764 P.2d 759 (Ariz. Ct. App. 1988).
Sort: Relevance Newest Treatment
Church of Jesus Christ of Latter-Day Saints v. Superior Court, 764 P.2d 759 (Ariz. Ct. App. 1988). · cites it 9× “A form of implied consent is statutorily recognized in A.R.S. § 12-2236, but only as to the attorney/client and physician/patient privileges.”
Duquette v. Superior Court, 778 P.2d 634 (Ariz. Ct. App. 1989). · cites it 6× “See A.R.S. § 12-2236 (1982). [6] The statute regarding waiver provides that a person who offers himself as a witness and voluntarily testifies about the otherwise privileged communications thereby consents to the examination of the physician.”
Bain v. Super. Ct. in & for Maricopa Cty., 714 P.2d 824 (Ariz. 1986). · cites it 5× “In the case of the attorney-client privilege, the conduct constituting consent to disclosure and thereby waiver of the privilege is defined as “offering] himself as a witness and voluntarily testifying] with reference to the [privileged] communications.”
Grubaugh v. Hon blomo/lawrence, 359 P.3d 1008 (Ariz. Ct. App. 2015). · cites it 4× “” A.R.S. § 12-2236. Moreover, there is no indication that the legislature, when codifying the attorney-client privilege, intended to abrogate the common law implied waiver of the privilege.”
Buffa v. Scott, 708 P.2d 1331 (Ariz. Ct. App. 1985). · cites it 2× “A.R.S. § 12-2236 provides that: A person who offers himself as a witness and voluntarily testifies with reference to [a privileged communication] .”
Patania v. Silverstone, 415 P.2d 139 (Ariz. Ct. App. 1966). · cites it 2× “A.R.S. § 12-2236. A deposition is a *429 judicial proceeding.”
Tucson Med. Ctr. Inc. v. Rowles, 520 P.2d 518 (Ariz. Ct. App. 1974). · cites it 2× “A.R.S. § 12-2236. Physicians who are required to assert the privilege on behalf of an absent patient have not been allowed to waive the privilege by testifying as to confidential matters.”
State Farm Mut. Auto. Ins. v. Lee, 4 P.3d 402 (Ariz. Ct. App. 1999). · cites it 2× “Our conclusion also is consistent with A.R.S. § 12-2236, inasmuch as State Farm has not offered, and contends it has no plans to offer, any evidence or witnesses to voluntarily testify "with reference to the communications" protected by the attorney-client privilege established…”
Abdelrahman v. Hon. martin/mesa (Ariz. Ct. App. 2017). · cites it 2× “See A.R.S. § 12-2236; Bain v. Superior Court (Mills), 148 Ariz.”
Manzutto v. Hon. gass/isec (Ariz. Ct. App. 2018). · cites it 2× “See A.R.S. § 12-2236. A patient waives any claim to privilege of medical records when he: (1) expressly waives the privilege in writing; (2) voluntarily 5 The superior court’s order (1) summarily grants ISEC’s Motion to Compel, which mandates Petitioner execute all…”
In Re: Mh 2025-001972 (Ariz. Ct. App. 2025). · cites it 2× “See A.R.S. § 12-2236. Implied waiver occurs (1) if the patient offers himself as a witness and voluntarily testifies about privileged communications, or (2) when a patient “places a particular medical condition at issue by means of a claim or affirmative defense.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.