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Rule 124. Hazardous Evidence

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2024

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
XII. Miscellaneous Provisions
Effective: January 1, 2024
A.R.S. Sup.Ct.Rules, Rule 124
Rule 124. Hazardous Evidence
(a) Hazardous Evidence. Hazardous evidence is not permitted inside the courtroom, except as provided in this rule. For the purposes of this rule, “hazardous evidence” means any physical evidence that a party seeks to bring into the courtroom that may create a substantial and serious risk of harm if ingested or absorbed, or if otherwise determined by the court to create a substantial and serious risk of harm.
(1) Presence of Hazardous Evidence in the Courtroom Upon Court Order. A party seeking to have hazardous evidence permitted in the courtroom must file a written motion. The court may order that hazardous evidence be permitted in the courtroom only if the court finds that the petitioning party has demonstrated that the need for the physical evidence substantially outweighs the potential health risks associated with its presence in the courtroom. In making the determination, the court must take into consideration all relevant factors, including:
(A) the rights of the parties; and
(B) the sufficiency and effectiveness of presenting digital representations of hazardous evidence in lieu of the hazardous evidence.
(2) Admitted Hazardous Evidence. If the court orders that hazardous evidence is permitted in the courtroom under (1) and a motion is made to admit such evidence, any order granting admission of the hazardous evidence must provide that a digital representation of the evidence is admitted in lieu of the hazardous evidence. At no time may the jury take custody of the hazardous evidence, but the jury is permitted to view hazardous evidence in the courtroom.
(3) Clerk of Court. Hazardous evidence may not be accepted by or be in the possession of a clerk of the court.
(4) Retention of Hazardous Evidence. Hazardous evidence must be retained by the custodian of the evidence during the pendency of the case, any post-verdict proceedings, and appeals. All evidence tags issued by the clerk, other identifying markings, and packaging must remain in place and not be disturbed.

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Added Aug. 24, 2023, effective Jan. 1, 2024.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 124, AZ ST S CT Rule 124
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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