Arizona

Criminal Procedure

Criminal Procedure

Rule 15.1 – The States Disclosures

(a)Initial Disclosures in a Felony Case. Unless a local rule provides or the court orders otherwise:

(1) the State must make available to the defendant all reports containing information identified in (b)(3) and (b)(4) that the charging attorney possessed when the charge was filed; and
(2) the State must make these reports available by the preliminary hearing or, if no preliminary hearing is held, the arraignment.
(b)Supplemental Disclosure. Except as provided in Rule 39(b), the State must make available to the defendant the following material and information within the State’s possession or control:

(1) the name and address of each person the State intends to call as a witness in the State’s case-in-chief and any relevant written or recorded statement of the witness;
(2) any statement of the defendant and any co-defendant;
(3) all existing original and supplemental reports prepared by a law enforcement agency in connection with the charged offense;
(4) for each expert who has examined a defendant or any evidence in the case, or who the State intends to call at trial:

(A) the expert’s name, address, and qualifications;
(B) any report prepared by the expert and the results of any completed physical examination, scientific test, experiment, or comparison conducted by the expert; and
(C) if the expert will testify at trial without preparing a written report, a summary of the general subject matter and opinions on which the expert is expected to testify;
(5) a list of all documents, photographs, other tangible objects, and electronically stored information the State intends to use at trial or that were obtained from or purportedly belong to the defendant;
(6) a list of the defendant’s prior felony convictions the State intends to use at trial;
(7) a list of the defendant’s other acts the State intends to use at trial;
(8) all existing material or information that tends to mitigate or negate the defendant’s guilt or would tend to reduce the defendant’s punishment;
(9) whether there has been any electronic surveillance of any conversations to which the defendant was a party, or of the defendant’s business or residence;
(10) whether a search warrant has been executed in connection with the case; and
(11) whether the case involved an informant, and, if so, the informant’s identity, subject to the restrictions under Rule 15.4(b)(2).
(c)Time for Supplemental Disclosures. Unless the court orders otherwise, the State must disclose the material and information listed in (b) no later than:

(1) in the superior court, 30 days after arraignment.
(2) in a limited jurisdiction court, at the first pretrial conference.
(d)Prior Felony Convictions. The State must make available to a defendant a list of prior felony convictions of each witness the State intends to call at trial and a list of the prior felony convictions the State intends to use to impeach a disclosed defense witness at trial:

(1) in a felony case, no later than 30 days before trial or 30 days after the defendant’s request, whichever occurs first; and
(2) in a misdemeanor case, no later than 10 days before trial.
(e)Disclosures upon Request.

(1)Generally. Unless the court orders otherwise, the State must make the following items available to the defendant for examination, testing, and reproduction no later than 30 days after receiving a defendant’s written request:

(A) any of the items specified in the list submitted under (b)(5);
(B) any 911 calls existing at the time of the request that the record’s custodian can reasonably ascertain are related to the case; and
(C) any completed written report, statement, and examination notes made by an expert listed in (b)(1) and (b)(4) related to the case.
(2)Conditions. The State may impose reasonable conditions, including an appropriate stipulation concerning chain of custody to protect physical evidence or to allow time for the examination or testing of any items.
(f)Scope of the State’s Disclosure Obligation. The State’s disclosure obligation extends to material and information in the possession or control of any of the following:

(1) the prosecutor, other attorneys in the prosecutor’s office, and members of the prosecutor’s staff;
(2) any law enforcement agency that has participated in the investigation of the case and is under the prosecutor’s direction or control; and
(3) any other person who is under the prosecutor’s direction or control and who participated in the investigation or evaluation of the case.
(g)Disclosure by Court Order.

(1)Disclosure Order. On the defendant’s motion, a court may order any person to make available to the defendant material or information not included in this rule if the court finds:

(A) the defendant has a substantial need for the material or information to prepare the defendant’s case; and
(B) the defendant cannot obtain the substantial equivalent by other means without undue hardship.
(2)Modifying or Vacating Order. On the request of any person affected by an order, the court may modify or vacate the order if the court determines that compliance would be unreasonable or oppressive.
(h)Disclosure of Rebuttal Evidence. Upon receiving the defendant’s notice of defenses under Rule 15.2(b), the State must disclose the name and address of each person the State intends to call as a rebuttal witness, and any relevant written or recorded statement of the witness.
(i)Additional Disclosures in a Capital Case.

(1)Notice of Intent to Seek the Death Penalty.

(A) Generally. No later than 60 days after a defendant’s arraignment in superior court on a charge of first-degree murder, the State must provide notice to the defendant of whether the State intends to seek the death penalty.
(B) Time Extensions. The court may extend the State’s deadline for providing notice by an additional 60 days if the parties file a written stipulation agreeing to the extension. If the court approves the extension, the case is considered a capital case for all administrative purposes, including, but not limited to, scheduling, appointment of counsel under Rule 6.8, and the assignment of a mitigation specialist. The court may grant additional extensions if the parties file written stipulations agreeing to them.
(C) Victim Notification. If the victim has requested notice under A.R.S. § 13-4405, the prosecutor must confer with the victim before agreeing to extend the deadline under (i)(1)(B).
(2)Aggravating Circumstances. If the State files a notice of intent to seek the death penalty, the State must, at the same time, provide the defendant with a list of aggravating circumstances that the State intends to prove in the aggravation phase of the trial.
(3)Initial Disclosures.

(A) Generally. No later than 30 days after filing a notice of intent to seek the death penalty, the State must disclose the following to the defendant:

(i) the name and address of each person the State intends to call as a witness at the aggravation hearing to support each alleged aggravating circumstance, and any written or recorded statement of the witness;
(ii) the name and address of each expert the State intends to call at the aggravation hearing to support each alleged aggravating circumstance, and any written or recorded statement of the expert or other disclosure as required in (b)(4);
(iii) a list of all documents, photographs, other tangible objects, or electronically stored information the State intends to use to support each identified aggravating circumstance at the aggravation hearing; and
(iv) all material or information that might mitigate or negate the finding of an aggravating circumstance or mitigate the defendant’s culpability.
(B) Time Extensions. The court may extend the deadline for the State’s initial disclosures under (i)(3) or allow the State to amend those disclosures only if the State shows good cause or the parties stipulate to the deadline extension.
(4)Rebuttal and Penalty Phase Disclosures. No later than 60 days after receiving the defendant’s disclosure under Rule 15.2(h)(1), the State must disclose the following to the defendant:

(A) the name and address of each person the State intends to call as a rebuttal witness on each identified aggravating circumstance, and any written or recorded statement of the witness;
(B) the name and address of each person the State intends to call as a witness at the penalty hearing, and any written or recorded statement of the witness;
(C) the name and address of each expert the State intends to call at the penalty hearing, and any report the expert has prepared or other disclosure as required in (b)(4); and
(D) a list of all documents, photographs, other tangible objects, or electronically stored information the State intends to use during the aggravation and penalty hearings.
(j)Item Prohibited by A.R.S. §§ 13-3551 et seq., or Is the Subject of a Prosecution Under A.R.S. § 13-1425.

(1)Scope. This rule applies to an item that cannot be produced or possessed under A.R.S. §§ 13-3551 et seq. or is an image that is the subject of a prosecution under A.R.S. § 13-1425, but is included in the list disclosed under (b)(5).
(2)Disclosure Obligation. The State is not required to reproduce the item or release it to the defendant for testing or examination except as provided in (j)(3) and (j)(4). The State must make the item reasonably available for inspection by the defendant, but only under such terms and conditions necessary to protect a victim’s rights.
(3)Court-Ordered Disclosure for Examination or Testing.

(A) Generally. The court may order the item’s reproduction or its release to the defendant for examination or testing if the defendant makes a substantial showing that it is necessary for the effective investigation or presentation of a defense, including an expert’s analysis.
(B) Conditions. A court must issue any order necessary to protect a victim’s rights, document the chain of custody, or protect physical evidence.
(4)General Restrictions. In addition to any court order issued, the following restrictions apply to the reproduction or release of any item to the defendant for examination or testing:

(A) the item must not be further reproduced or distributed except as the court order allows;
(B) the item may be viewed or possessed only by the persons authorized by the court order;
(C) the item must not be possessed or viewed by the defendant outside the direct supervision of defense counsel, advisory counsel, or a defense expert;
(D) the item must be delivered to defense counsel or advisory counsel, or if expressly permitted by court order, to a specified defense expert; and
(E) the item must be returned to the State by a deadline set by the court.

Ariz. R. Crim. P. 15.1

Added August 31, 2017, effective January 1, 2018; amended effective January 1, 2019.

HISTORICAL AND STATUTORY NOTES

Former Rule 15.1, relating to disclosure by state, was abrogated effective January 1, 2018.