Rule 15.3. Depositions
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 15.3
Rule 15.3. Depositions
(2) a party shows that the person's testimony is material to the case or necessary to adequately prepare a defense or investigate the offense, that the person was not a witness at the preliminary hearing or at the probable cause phase of the juvenile transfer hearing, and that the person will not cooperate in granting a personal interview; or
(3) Notice and Subpoena. If the court grants the motion, the moving party must notice the deposition in the manner provided in Arizona Rule of Civil Procedure 30(b). The notice must specify the terms and conditions in the court's order granting the deposition. The moving party also must serve a subpoena on the deponent in the manner provided in A.R.S. ยง 13-4072(A)-(E) or as otherwise ordered by the court.
(4) Recording. A deposition may be recorded by someone other than a certified reporter. If someone other than a certified reporter records the deposition, the party taking the deposition must provide every other party with a copy of the recording no later than 14 days after the deposition, or no later than 10 days before trial, whichever is earlier.
(e) The Defendant's Right to Be Present. A defendant has the right to be present at any deposition ordered under (a)(1) or (a)(3). If a defendant is in custody, the moving party must notify the custodial officer of the deposition's time and place. Unless the defendant waives the right to be present, the officer must produce the defendant for the deposition and remain with the defendant until it is completed.
Credits
Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 28, 2018, effective Jan. 1, 2019. Amended on an emergency basis Oct. 18, 2018, effective Oct. 24, 2019, adopted on a permanent basis Aug. 27, 2019; amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022; amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 15.3, AZ ST RCRP Rule 15.3
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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