________________________________ COURT

______________________ County, Arizona

STATE OF ARIZONA Plaintiff

[CASE/COMPLAINT NO.]

-vs-

WAIVER OF

RIGHT TO BE

PRESENT AT

Defendant (FIRST, MI, LAST)

DEPOSITION

READ THE ENTIRE FORM CAREFULLY BEFORE SIGNING

Instructions: The purpose of this form is to advise you of your right to be present at a deposition held for the purpose of obtaining testimony which may be used at your trial, and to allow you to give up that right if you so choose. Read the entire form carefully before signing it.

RIGHT TO BE PRESENT AT DEPOSITION

I understand that I am charged with the crime of

which is a [ ] misdemeanor [ ] felony under the law of Arizona, and that if I am found guilty I can be given severe punishment, including incarceration [ ] in the Arizona State Prison, [ ] in the

__________

County Jail, [ ] a fine, or other penalty.

I understand that the Rules of Criminal Procedure allow depositions to be taken in criminal cases in certain situations, and that during a deposition a witness is asked questions under oath. I understand that testimony given by the witness at the deposition is recorded and may be used at the trial. I understand that I am entitled to be present at such proceedings in order to be able to confront the witnesses against me and to help my attorney prepare questions to ask them to test the truthfulness of their testimony.

I understand that by giving up my right to be present at a deposition I consent to the use of testimony given at the deposition later during my trial in all situations in which it would be admissible if I had been present at the deposition.

CERTIFICATION AND WAIVER

DO NOT SIGN THIS FORM UNLESS YOU HAVE READ IT COMPLETELY OR HAD IT READ TO YOU AND YOU UNDERSTAND IT FULLY. DO NOT SIGN THIS FORM IF YOU WANT TO BE PRESENT AT THE DEPOSITION.

After reading and understanding all the above, I hereby give up my right to be present at [ ] the deposition of [ ] any deposition in this case.

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___________________________________

Date

Defendant

I have explained to the defendant the significance of a deposition and the right to be present at its taking and consent to defendant’s waiver of the right to be present.

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Date

Defense Attorney