Arizona

Criminal Procedure

Criminal Procedure

Rule 15.7 – Disclosure Violations and Sanctions

(a)Motion. Any party may move to compel disclosure or request an appropriate sanction for a disclosure violation of Rule 15 or both. Any motion to compel disclosure or for sanctions must include a separate statement that the moving party has personally consulted with opposing counsel and has made good faith efforts to resolve the matter. Any motion filed without the separate statement will not be heard or scheduled for a hearing.
(b)Order. If the court finds that a party violated a disclosure obligation under Rule 15, it must order disclosure as necessary and impose an appropriate sanction, unless the court finds that:

(1) the failure to comply was harmless; or
(2) the party could not have disclosed the information earlier with due diligence and the party disclosed the information immediately upon its discovery.
(c)Sanctions. In considering an appropriate sanction for nondisclosure or untimely disclosure, a court must determine the significance of the information not timely disclosed, the violation’s impact on the overall administration of the case, the sanction’s impact on the party and the victim, and the stage of the proceedings when the party ultimately made the disclosure. Available sanctions include, but are not limited to:

(1) precluding or limiting a witness, the use of evidence, or an argument supporting or opposing a charge or defense;
(2) dismissing the case with or without prejudice;
(3) granting a continuance or declaring a mistrial if necessary in the interests of justice;
(4) holding in contempt a witness, a party, or a person acting under the direction or control of a party;
(5) imposing costs of continuing the proceeding; or
(6) any other appropriate sanction.

Ariz. R. Crim. P. 15.7

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

HISTORICAL AND STATUTORY NOTES

Former Rule 15.7, relating to sanctions, was abrogated effective January 1, 2018.