Arizona

Criminal Procedure

Criminal Procedure

Rule 15.2 – The Defendants Disclosures

(a)Physical Evidence.

(1)Generally. At any time after the filing of an indictment, information or complaint, and upon the State’s written request, the defendant must, in connection with the particular offense with which the defendant is charged:

(A) appear in a line-up;
(B) speak for identification by one or more witnesses;
(C) be fingerprinted, palm-printed, foot-printed, or voice printed;
(D) pose for photographs not involving a re-enactment of an event;
(E) try on clothing;
(F) permit the taking of samples of hair, blood, saliva, urine, or other specified materials if doing so does not involve an unreasonable intrusion of the defendant’s body;
(G) provide handwriting specimens; and
(H) submit to a reasonable physical or medical inspection of the defendant’s body, but such an inspection must not include a psychiatric or psychological examination.
(2)Presence of Counsel. The defendant is entitled to have counsel present when the State takes evidence under this rule.
(3)Other Procedures. This rule supplements and does not limit any other procedures established by law.
(b)Notice of Defenses.

(1)Generally. By the deadline specified in (d), the defendant must provide written notice to the State specifying all defenses the defendant intends to assert at trial, including, but not limited to, alibi, insanity, self-defense, defense of others, entrapment, impotency, marriage, insufficiency of a prior conviction, mistaken identity, and good character.
(2)Witnesses. For each listed defense, the notice must specify each person, other than the defendant, that the defendant intends to call as a witness at trial in support of the defense.
(3)Signature and Filing. Defense counsel-or if the defendant is self-represented, the defendant-must sign the notice and file it with the court.
(c)Content of Disclosure. At the same time the defendant files a notice of defenses under (b), the defendant must provide the following information:

(1) the name and address of each person, other than the defendant, the defendant intends to call as a witness at trial, and any written or recorded statement of the witness;
(2) for each expert the defendant 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; and
(3) a list of all documents, photographs, other tangible objects, and electronically stored information the defendant intends to use at trial.
(d)Time for Disclosures. Unless the court orders otherwise, the defendant must disclose the material and information listed in (b) and (c) no later than:

(1) in superior court, 40 days after arraignment, or 10 days after the State’s disclosure under Rule 15.1(b), whichever occurs first;
(2) in a limited jurisdiction court, 20 days after the State’s disclosure under Rule 15.1(b).
(e)Additional Disclosures upon Request.

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

(A) any of the items specified in the list submitted under (c)(3); and
(B) any completed written report, statement, and examination notes made by an expert listed in (c)(2) in connection with the particular case.
(2)Conditions. The defendant may impose reasonable conditions, including an appropriate stipulation concerning chain of custody for physical evidence or to allow time for the examination or testing of any items.
(f)Scope of Disclosure. A defendant’s disclosure obligation extends to material and information within the possession or control of the defendant, defense counsel, staff, agents, investigators, or any other persons who have participated in the investigation or evaluation of the case and who are under the defendant’s direction or control.
(g)Disclosure by Court Order.

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

(A) the State has a substantial need for the material or information for the preparation of the State’s case;
(B) the State cannot obtain the substantial equivalent by other means without undue hardship; and
(C) the disclosure of the material or information would not violate the defendant’s constitutional rights.
(2)Modifying or Vacating Order. The court may modify or vacate an order if the court determines that compliance would be unreasonable or oppressive.
(h)Additional Disclosures in a Capital Case.

(1)Initial Disclosures.

(A) Generally. No later than 180 days after receiving the State’s initial disclosure under Rule 15.1(i)(3), the defendant must disclose the following to the State:

(i) a list of all mitigating circumstances the defendant intends to prove;
(ii) the name and address of each person, other than the defendant, the defendant intends to call as a witness during the aggravation and penalty hearings, and any written or recorded statement of the witness;
(iii) the name and address of each expert the defendant intends to call during the aggravation and penalty hearings, and any written or recorded statements of the expert or other disclosure as required in (c)(2), excluding any portions containing statements by the defendant; and
(iv) a list of all documents, photographs, other tangible objects, or electronically stored information the defendant intends to use during the aggravation and penalty hearings.
(B) Time Extensions. The court may extend the deadline for the defendant’s initial disclosures under (h)(1) or allow the defendant to amend those disclosures only if the defendant shows good cause or if the parties stipulate to the deadline extension.
(2)Later Disclosures. No later than 60 days after receiving the State’s supplemental disclosure under Rule 15.1(i)(4), the defendant must disclose the following to the State:

(A) the name and address of each person the defendant intends to call as a rebuttal witness, and any written or recorded statement of the witness; and
(B) the name and address of each expert the defendant intends to call as a witness at the penalty hearing, and any report the expert has prepared.

Ariz. R. Crim. P. 15.2

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

HISTORICAL AND STATUTORY NOTES

Former Rule 15.2, relating to disclosure by defendant, was abrogated effective January 1, 2018.