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Rule 10.2. Request for a Documentary Hearing

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic and Civil Boating Violations

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic and Civil Boating Violations (Refs & Annos)
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 10.2
Rule 10.2. Request for a Documentary Hearing
(a) At the time of denial of responsibility, or such other time as the court determines appropriate in the interest of justice, the defendant may file a written request for a documentary hearing.
(b) For the court to grant a request for a documentary hearing, the defendant must show why personally attending a civil traffic hearing would cause a substantial hardship. A substantial hardship is more than mere inconvenience and must be based on extraordinary circumstances. Along with the request, the defendant may tender the civil sanction listed in the court's deposit schedule for the civil traffic violation(s) at issue in the hearing.
(c) If the court grants the request for a documentary hearing, the court shall set the matter for hearing and notify the defendant, the citing officer, and any counsel in the case of the date, time, and place for the hearing.
(d) Prior to a scheduled documentary hearing, the defendant shall file a statement or statements made under the penalty of perjury, along with any other evidence the defendant requests the court to consider. Other evidence may include such things as diagrams, photographs, or physical evidence. The court may allow the State's witnesses to testify through written statements or in person on the date, time, and place scheduled for the hearing. The State shall file prior to the hearing any statements, made under penalty of perjury, along with any other evidence the State requests the court to consider.
(e) Failure to personally appear, or file a statement or statements prior to the hearing, shall result in default pursuant to Rules 21 and 22.
(f) If a defendant requests a documentary hearing, the defendant waives the following rights: to personally appear to present evidence; to review evidence before the hearing (Rule 13(b)); to compel production of any citing officer notes (Rule 13(c)); to testimony under oath (Rule 16(a)); to cross examine the State's witnesses (Rule 16(c)); to present rebuttal evidence (Rule 19(d)); to present a closing argument (Rule 19(e)); and to immediate delivery of written notice of appeal following judgment and imposition of civil sanction (Rule 25(a)).
(g) If a documentary hearing is held, the 14-day period for filing a notice of appeal pursuant to Rule 28(a) is extended by 7 calendar days. The record of a documentary hearing for purposes of Rule 29(b)(vii) shall also include the statements and other evidence, as well as the recording or transcript, if any, of the hearing.

Credits

Added Aug. 27, 2015, effective Jan. 1, 2016.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 10.2, AZ ST CIV TRAF Rule 10.2
Current with amendments received through 11/1/18
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