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Rule 6.7. Appointment of Investigators and Expert Witnesses for Indigent Defendants

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 6. Right to Counsel; Duties of Counsel; Court-Appointed Attorneys, Investigators, and Experts (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 6.7
Rule 6.7. Appointment of Investigators and Expert Witnesses for Indigent Defendants
(a) Appointment. On application, if the court finds that such assistance is reasonably necessary to adequately present a defense at trial or at sentencing, the court may appoint an investigator, expert witnesses, and/or, in a felony matter, a mitigation specialist for an indigent defendant at county or city expense.
(b) Ex Parte Proceeding. A defendant may not make an ex parte request under this rule without showing a need for confidentiality. The court must make a verbatim record of any ex parte proceeding, communication, or request, which must be available for appellate review.
(c) Definition of a “Mitigation Specialist.” As used in this rule, a “mitigation specialist” is a person qualified by knowledge, skill, experience, or other training as a mental health or sociology professional to investigate, evaluate, and present psycho-social and other mitigation evidence.
(d) Capital Case. In a capital case, a defendant should make any motion for an expert or mitigation specialist no later than 60 days after the State makes its disclosure under Rule 15.1(i)(3).

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 6.7, AZ ST RCRP Rule 6.7
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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