Arizona

Criminal Procedure

Criminal Procedure

Rule 34 – Subpoenas

(a) Generally. The process by which attendance of a witness before a court or magistrate is required is a subpoena. The subpoena must be substantially in the form shown in Rule 41, Form 27(a).
(b) Alternative Form of Subpoena. If requested, a subpoena requiring a person to appear at a criminal proceeding may allow the person to appear in court on 30 minutes notice. If the subpoenaed person agrees to this option, the person must promise to appear when called and provide on the return of service a telephone number where the person can be contacted during regular court hours on the appearance date. The alternative subpoena must be substantially in the form shown in Rule 41, Form 27(b).
(c) Multiple Subpoenas. A person served with two or more subpoenas that require simultaneous attendance in different courts must honor them in the following order: United States District Court, Superior Court, Justice of the Peace Court, and Municipal Court, and then must honor them based on the date of service. The person must immediately notify the parties requesting the subpoenas of the conflict.
(d) ADA Notification. The subpoena must state that “Requests for reasonable accommodation for persons with disabilities must be made to the court by parties at least 3 working days in advance of a scheduled court proceeding.”

Ariz. R. Crim. P. 34

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

COMMENT

This rule supplements the statutory provisions governing criminal subpoenas. See A.R.S. ยงยง 13-4071 to -4075 and 13-4077.

HISTORICAL AND STATUTORY NOTES

Former Rule 34, relating to subpoenas, was abrogated effective January 1, 2018.