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ER 3.10. Credible and Material Exculpatory Information about a Convicted Person

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
D. Lawyer Obligations
Rule 42. Arizona Rules of Professional Conduct
Advocate
A.R.S. Sup.Ct.Rules, Rule 42, Rules of Prof.Conduct, ER 3.10
ER 3.10. Credible and Material Exculpatory Information about a Convicted Person
(a) When a lawyer knows of credible and material evidence that creates a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the lawyer shall promptly disclose that evidence to the court in which the defendant was convicted and to the corresponding prosecutorial authority, and to defendant's counsel or, if defendant is not represented, the defendant and the indigent defense appointing authority in the jurisdiction.
(b) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or other law.
(c) A lawyer who in good faith concludes that information is not subject to this Rule does not violate this Rule even if that conclusion is later determined to have been erroneous.
(d) This Rule does not require disclosure if the lawyer knows that appropriate governmental authorities or the convicted defendant already possess the information.

Credits

Added Nov. 14, 2013, effective Jan. 1, 2014.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 42, Rules of Prof. Conduct, ER 3.10, AZ ST S CT RULE 42 RPC ER 3.10
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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