Arizona

Criminal Procedure

Criminal Procedure

Rule 15.6 – Continuing Duty to Disclose; Final Disclosure Deadline; Extension

(a)Continuing Duties. The parties’ duties under Rule 15 are continuing duties without awaiting a specific request from any other party.
(b)Additional Disclosures. Any party who anticipates a need to provide additional disclosure no later than 30 days before trial must immediately notify both the court and all other parties of the circumstances and when the party will make the additional disclosure.
(c)Final Deadline for Disclosure. Unless otherwise permitted, all disclosure required by Rule 15 must be completed at least 7 days before trial.
(d)Disclosure After the Final Deadline.

(1)Motion to Extend Disclosure. If a party seeks to use material or information that was disclosed less than 7 days before trial, the party must file a motion to extend the disclosure deadline and to use the material or information. The moving party also must file a supporting affidavit setting forth facts justifying an extension.
(2)Order Granting Motion. The court must extend the disclosure deadline and allow the use of the material or information if it finds the material or information:

(A) could not have been discovered or disclosed earlier with due diligence; and
(B) was disclosed immediately upon its discovery.
(3)Order Denying Motion or Granting Continuance; Sanctions. If the court finds that the moving party has failed to establish facts sufficient to justify an extension under (d)(2), it may:

(A) deny the motion to extend the disclosure deadline and deny the use of the material or information; or
(B) extend the disclosure deadline and allow the use of the material or information and, if it extends the deadline, the court may impose any sanction listed in Rule 15.7 except preclusion or dismissal.
(e)Extension of Time for Completion of Testing.

(1)Motion. Before the final disclosure deadline in (c), a party may move to extend the deadline to permit the completion of scientific or other testing. The motion must be supported by an affidavit from a crime laboratory representative or other scientific expert stating that additional time is needed to complete the testing or a report based on the testing. The affidavit must specify how much additional time is needed.
(2)Order. If a motion is filed under (e)(1), the court must grant reasonable time to complete disclosure unless the court finds that the need for the extension resulted from dilatory conduct or neglect, or that the request is being made for an improper reason by the moving party or a person listed in Rule 15.1(f) or 15.2(f).
(3)Extending Time. If the court grants a motion under (e)(2), the court may extend other disclosure deadlines as necessary.

Ariz. R. Crim. P. 15.6

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 15.6, relating to continuing duty to disclose, final disclosure deadline, and extension, was abrogated effective January 1, 2018.