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Rule 16. Discovery

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile Court

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part II. Delinquency and Incorrigibility
1. General Delinquency Provisions
17B A.R.S. Juv.Ct.Rules of Proc., Rule 16
Rule 16. Discovery
A. General Standards. The provisions governing discovery shall be subject to the following general provisions, except as provided by local rule;
1. Materials Not Subject to Disclosure. The following materials and information shall not be subject to disclosure:
a. Work Product. Disclosure shall not be 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; and
b. Informants. Disclosure of the existence or identity of an informant who will not be called to testify shall not be 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 constitutional rights of the juvenile.
2. Use of Materials. Any materials furnished to an attorney pursuant to this rule shall not be disclosed to the public but only to those necessary to the proper disposition of the case.
3. Statements. The term “statement” shall mean:
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
c. A writing containing a verbatim record or a summary of a person's oral communications.
d. Superseded Notes: Handwritten notes which have been substantially incorporated into a statement shall no longer themselves be considered a statement.
4. Adjudication Hearing. Reference made to the adjudication hearing shall also mean the revocation of probation hearing, as well as the adjudication hearing.
B. Disclosure by the State.
1. Time Limits. Within ten (10) days of the advisory hearing, the prosecutor shall make available to the juvenile for examination and reproduction the following material and information within the prosecutor's possession or control:
a. The names and addresses of all persons whom the prosecutor will call as witnesses at the adjudication hearing together with their relevant written or recorded statements;
b. All statements of the juvenile and of any other juvenile for whom there is a companion adjudication hearing scheduled for the same time;
c. The names and addresses of experts who have personally examined the juvenile or any evidence in the particular case, together with the results of physical examinations and scientific tests, experiments or comparisons, including all written reports or statements made by an expert in connection with the particular case;
d. A list of all papers, documents, photographs, tangible objects, or electronically stored information which the prosecutor will use at the adjudication hearing, and upon further written request shall make available to the juvenile for examination, testing and reproduction any specified items contained in the list. The prosecutor may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under this section; and
e. All material or information which tends to mitigate or negate the juvenile's alleged delinquent conduct.
2. Prosecutor's Duty to Obtain Information. The prosecutor's obligation under this rule extends to material and information in the possession or control of members of the prosecutor's staff and of any other persons who have participated in the investigation or evaluation of the case and who are under the prosecutor's control.
3. Disclosure by Order of Court. Upon motion of the juvenile and a showing that the juvenile has substantial need for additional material or information not otherwise covered in these rules, the court may order any person to make the material or information available to the juvenile if the juvenile is unable, without undue hardship, to obtain the material or information or substantial equivalent by other means. 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 by Juvenile.
1. Physical Evidence. The juvenile shall be entitled to the presence of counsel at the taking of evidence in connection with the allegations contained in the petition, as requested in writing by the prosecutor, at any time after the filing of the petition. This rule shall supplement and not limit any other procedures established by law. The juvenile shall:
a. Appear in a line-up;
b. Speak for identification by witnesses;
c. Be fingerprinted, palmprinted, footprinted or voiceprinted;
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 which 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/Witnesses. Within fifteen (15) days of the advisory hearing, the juvenile shall provide the prosecutor with written notice specifying all defenses which the juvenile will introduce at the hearing, including, but not limited to alibi, insanity, self-defense, entrapment, impotency, marriage, mistaken identity and good character. The notice shall specify for each defense the persons, including the juvenile, who will be called as witnesses at trial in support thereof. It may be signed by either the juvenile or the juvenile's counsel and shall be filed with the court.
3. Disclosures by Juvenile. Simultaneously with the filing of the notice of defenses/witnesses as required by this rule, the juvenile shall make available to the prosecutor for examination and reproduction:
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 made by them in connection with the particular case;
b. The names and addresses of experts who will be called at the adjudication hearing, together with the results of physical examinations, scientific tests, experiments or comparisons, including all written reports and statements made by the expert in connection with the particular case; and
c. A list of all papers, documents, photographs, other tangible objects, and electronically stored information which the juvenile will use at the adjudication hearing.
4. Additional Disclosure upon Request. The juvenile, upon written request, shall make available to the prosecutor for examination, testing, and reproduction any item listed pursuant to this rule.
5. Extent of Juvenile's Duty to Obtain Information. The juvenile's obligation under this rule extends to material and information within the possession or control of the juvenile, the juvenile's attorneys and agents.
6. Disclosure by Order of the Court. Upon motion of the prosecutor, and a showing that the prosecutor has substantial need for additional material or information not otherwise covered in these rules, the court may order any person to make the material or information available to the prosecutor if the prosecutor is unable, without undue hardship, to obtain the material or information or substantial equivalent by other means and that disclosure thereof will not violate the juvenile's constitutional rights. 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.
D. Excision and Protective Orders.
1. Discretion of the Court. Upon motion of any party and good cause shown, the court may order that the disclosure of the identity of any witness be deferred for any reasonable period of time not to extend beyond five (5) days prior to the date for adjudication, or that any other disclosures required by this rule be denied, deferred or regulated when it finds:
a. That the disclosure would result in a risk of harm outweighing any usefulness of the disclosure to any party; and
b. That the risk cannot be eliminated by a less substantial restriction of discovery rights.
2. Discretion of the Court to Authorize Excision. Upon motion of any party, if the court finds that only a portion of a document or other material is discoverable under these rules, it may authorize the disclosing party to excise that portion of the material which is not discoverable and disclose the remainder.
3. Excision and Protective Order Proceedings. Upon motion of the party seeking a protective or excision order, or requesting that the court determine whether material or information is discoverable, the court may permit that party to present the material or information for the inspection of the court without disclosure to the other parties. Counsel for all other parties shall be entitled to be present when such presentation is made.
4. Preservation of Record. If the court enters an order that any material, or any portion thereof, is not discoverable under this rule, the entire text of the material shall be sealed and preserved in the record to be made available to the appellate court in the event of an appeal.
E. Continuing Duty to Disclose. Each party has a continuing duty to disclose all information or materials which are subject to disclosure upon discovery of such information or materials. If additional information or materials are discovered, all parties shall be notified and disclosure shall be promptly made.
F. Sanctions. If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any provisions of this rule or any order issued pursuant thereto, the court may impose any sanction which it finds just under the circumstances, including, but not limited to;
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; or
5. Declaring a mistrial when necessary to prevent a miscarriage of justice.

Credits

Added Oct. 27, 2000, effective Jan. 1, 2001. Amended Aug. 28, 2018, effective Jan. 1, 2019.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 16, AZ ST JUV CT Rule 16
State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.
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