Arizona

Criminal Procedure

Criminal Procedure

Rule 15.5 – Excision and Protective Orders

(a)A Court’s Discretion to Deny, Defer or Regulate Disclosure.

(1)Witness Identity. For good cause, a court may grant a request to defer disclosing a witness’s identity for a reasonable period of time, but no later than 5 days before trial.
(2)Other Matters. A court may order that other disclosures required by Rule 15 be denied, deferred, or regulated if it finds that:

(A) disclosure would result in a risk or harm outweighing any usefulness of the disclosure to any party; and
(B) the risk cannot be eliminated by a less substantial restriction of discovery rights.
(b)A Court’s Discretion to Authorize Excision. If the court finds that only a portion of material or other information is subject to disclosure under Rule 15, it may enter an order authorizing the disclosing party to excise the portion that is not subject to disclosure.
(c)Protective and Excision Order Proceedings. If a party files a motion seeking a protective or excision order or requesting the court to determine whether any material or other information is subject to disclosure, the court may conduct an in camera inspection of the material. Counsel for all parties have the right to be heard on the matter before any in camera inspection is conducted.
(d)Preserving the Record. If the court orders that any portion of any material or information is not subject to disclosure under Rule 15, the entire text of the material or information must be sealed and preserved in the record for appeal.
(e)Claims of Privilege or Protection. A party who redacts a portion of a disclosed document must clearly identify the redaction and state the legal basis, if it is not clear from the context.

Ariz. R. Crim. P. 15.5

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

HISTORICAL AND STATUTORY NOTES

Former Rule 15.5, relating to excision and protective orders, was abrogated effective January 1, 2018.