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Rule 210. Disclosure

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated

Rules of Procedure for the Juvenile Court (Refs & Annos)

Part II. Delinquency

1. Delinquency Scope and Procedures

Effective: July 1, 2022

17B A.R.S. Juv.Ct.Rules of Proc., Rule 210

Formerly cited as AZ ST JUV CT Rule 16

Rule 210. Disclosure

Currentness

(a) Disclosure by the State.

(1) Time Limits. No later than 10 days after the advisory hearing, the State must make available to the juvenile the material and information that is in the State's possession or control.

(2) Material and Information. The State must disclose the following material and information:

(A) the names, addresses, and the relevant written or recorded statements of all persons the State will call as witnesses at the adjudication hearing;

(B) all statements of the juvenile and of any juvenile or adult co-defendant;

(C) all existing original and supplemental reports prepared by a law enforcement agency in connection with the charged offense;

(D) for each expert who has examined a juvenile or any evidence in the case, or whom the State intends to call at trial:

(i) the expert's name, address, and qualifications;

(ii) any report prepared by the expert and the results of any completed physical examination, scientific test, experiment, or comparison conducted by the expert; and

(iii) if the expert will testify at trial without preparing a written report, a summary of the general subject matter and opinions on which the expert is expected to testify;

(E) a list of all papers, documents, photographs, tangible objects, or electronically stored information that the State will use at the adjudication hearing, and on written request, the State must make available to the juvenile any specified items contained in the list for examination, testing, and reproduction. The State may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under this section; and

(F) all material or information that tends to mitigate or negate the juvenile's alleged delinquent conduct.

(3) The State's Duty to Obtain Information. The State's obligation under this rule extends to material and information in the possession or control of the prosecutor, members of the prosecutor's staff, and any other persons and law enforcement agencies that have participated in the investigation or evaluation of the case and who are under the prosecutor's control.

(4) Disclosure by Court Order. On a juvenile's motion that the juvenile has substantial need for additional material or information not otherwise covered in these rules, and the court's finding that the juvenile is unable, without undue hardship, to obtain the material or information or substantial equivalent by other means, the court may order any person to make the material or information available to the juvenile. The court may, upon the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive.

(b) Disclosure by the Juvenile.

(1) Physical Evidence. At any time after the filing of a petition, on the State's written request and if ordered by the court, the juvenile, in the presence of counsel, must:

(A) appear in a line-up;

(B) speak for identification by witnesses;

(D) pose for photographs not involving re-enactment of an event;

(E) try on clothing;

(F) permit the taking of samples of hair, blood, saliva, urine, or other specified materials that involve no unreasonable intrusions of the juvenile's body;

(G) provide handwriting samples; or

(H) submit to a reasonable physical or medical examination, provided such examination does not include a psychiatric or psychological examination.

(2) Notice of Defenses. No later than 15 days after the advisory hearing, the juvenile must provide the State with written notice of all defenses that the juvenile will introduce at the adjudication hearing including, but not limited to, alibi, insanity, self-defense, defense of others, entrapment, impotency, mistaken identity, and good character. The notice must specify for each defense the persons, including the juvenile, who will be called as witnesses at the adjudication hearing. The notice may be signed by either the juvenile or the juvenile's attorney and must be filed with the court.

(3) Material and Information. Simultaneously with the filing of the notice of defenses, the juvenile must provide to the State:

(A) the names and addresses of all persons, other than the juvenile, who will be called as witnesses at the adjudication hearing, together with all statements they made that are related to the case;

(B) for each expert who has examined a juvenile or any evidence in the case, or whom the juvenile intends to call at the adjudication hearing:

(i) the expert's name, address, and qualifications;

(ii) any report prepared by the expert and the results of any completed physical examination, scientific test, experiment, or comparison conducted by the expert; and

(iii) if the expert will testify at trial without preparing a written report, a summary of the general subject matter and opinions on which the expert is expected to testify; and

(C) a list of all papers, documents, photographs, other tangible objects, and electronically stored information that the juvenile will use at the adjudication hearing. On written request, the juvenile must make available to the State any specified items contained in the list for examination, testing, and reproduction.

(4) Extent of Juvenile's Duty to Obtain Information. The juvenile's obligation under this rule extends to material and information in the possession or control of the juvenile, the juvenile's attorney, and the attorney's staff and agents.

(5) Disclosure by Court Order. On the State's motion that the State has substantial need for additional material or information not otherwise covered in these rules, and the court's finding that the State is unable, without undue hardship, to obtain the material or information or substantial equivalent by other means, the court may order any person to make the material or information available to the State. The court may, upon the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive.

(c) Disclosure Standards.

(1) Materials Not Subject to Disclosure. The following materials and information are not subject to disclosure:

(A) Work Product. Disclosure is not required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecutor, members of the prosecutor's legal or investigative staff or law enforcement officers, or of defense counsel or defense counsel's legal or investigative staff.

(B) Informants. Disclosure of the existence or identity of an informant who will not be called to testify is not required where disclosure would result in substantial risk to the informant or to the informant's operational effectiveness, provided the failure to disclose will not infringe on the juvenile's constitutional rights.

(2) Use of Materials. Any materials furnished to an attorney pursuant to this rule must not be disclosed to the public but only to those necessary to the proper disposition of the case.

(3) Statements. The term “statements” means:

(A) a writing signed or otherwise adopted or approved by a person;

(B) a mechanical, electrical, or other recording of a person's oral communications or a transcript thereof; and

(4) Adjudication Hearing. References to an adjudication hearing include a probation violation hearing.

(d) Excision and Protective Orders.

(1) A Court's Discretion to Deny, Defer, or Regulate Disclosure.

(A) Witness Identity. For good cause, a court may grant a request to defer disclosing a witness's identity for a reasonable period of time, but no later than 5 days before the adjudication hearing.

(B) Other Matters. A court may order that other disclosures required by Rule 210 be denied, deferred, or regulated if it finds that:

(i) disclosure would result in a risk or harm outweighing any usefulness of the disclosure to any party; and

(ii) the risk cannot be eliminated by a less substantial restriction of discovery rights.

(2) A Court's Discretion to Authorize Excision. If the court finds that only a portion of material or other information is subject to disclosure under Rule 210, it may enter an order authorizing the disclosing party to excise the portion that is not subject to disclosure.

(3) Protective and Excision Order Proceedings. If a party files a motion seeking a protective or excision order or requesting the court to determine whether any material or other information is subject to disclosure, the court may conduct an in camera inspection of the material. Counsel for all parties have the right to be heard on the matter before any in camera inspection is conducted.

(4) Preserving the Record. If the court orders that any portion of any material or information is not subject to disclosure under Rule 210, the entire text of the material or information must be sealed and preserved in the record for appeal.

(5) Claims of Privilege or Protection. A party who redacts a portion of a disclosed document must clearly identify the redaction and state the legal basis, if it is not clear from the context.

(e) Continuing Duty to Disclose. Each party has a continuing duty to disclose all information or materials that are subject to disclosure upon discovery of such information or materials. If additional information or materials are discovered, all parties must be notified and disclosure must be promptly made.

(f) Sanctions. If it brought to the court's attention that a party violated a disclosure obligation under Rule 210 or any court order, the court may impose any of the following sanctions:

(1) ordering disclosure of the information not previously disclosed;

(2) granting a continuance;

(3) holding a witness, party, or counsel in contempt;

(4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed;

(5) dismissing all or part of a petition, with or without prejudice;

(6) declaring a mistrial when necessary to prevent a miscarriage of justice; or

(7) any other appropriate sanction.

Credits

Added Dec. 8, 2021, effective July 1, 2022.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 210, AZ ST JUV CT Rule 210

State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.

End of Document