Arizona

Criminal Procedure

Criminal Procedure

Rule 28.2 – Disposition of Evidence

(a)Manner of Disposition. Unless the court orders otherwise, after the case is no longer subject to modification under Rule 28.1, the clerk must return evidence to the party who submitted it.
(b)Disposal of Evidence; Right to Examine and Record of Disposal.

(1)Disposal of Evidence. Before disposing of any evidence seized or otherwise obtained for a filed criminal prosecution, a law enforcement agency must notify the responsible prosecuting agency and the Attorney General, who may:

(A) photograph, reproduce, preserve in whole or in part, or identify the item;
(B) transcribe all serial numbers, identification numbers, or other identifying markings; or
(C) prepare, or have an expert prepare, a report identifying the item.
(2)Notice. At least 20 days before disposing an item under this rule, the prosecuting agency or law enforcement agency must serve a notice of disposal, together with a copy of any record of disposal made under (b)(5) to any person and the person’s counsel against whom the State has used or may use the item as evidence.
(3)Examination. No later than 10 days after the disposal notice is served, the person may request a stay of disposal until after trial or may request permission to examine, test, analyze, or otherwise make his or her own record of disposal of the item.
(4)Conditions. The State must permit an examination requested under (b)(3), but may impose reasonable conditions on any examination, testing, or analysis, including a stipulation concerning chain of title.
(5)Record of Disposal. The prosecuting agency, law enforcement agency, or the Attorney General must prepare a record of disposal for any item disposed of under (b)(1).
(c)Stay of Disposal. On any party’s request or on its own, the court with jurisdiction over the case may stay disposal of any item for a reasonable time. The timely filing of a motion stays the disposal of any item until the court rules.
(d)Use of Record of Disposal. A record of disposal that is made under (b)(5) is admissible for any purpose for which the item itself would be admissible.

Ariz. R. Crim. P. 28.2

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

HISTORICAL AND STATUTORY NOTES

Former Rule 28.2, relating to disposition of evidence in the custody of the prosecutor or law enforcement agencies, was abrogated effective January 1, 2018.