Arizona

Criminal Procedure

Criminal Procedure

Rule 9.3 – Exclusion of Witnesses and Spectators

(a)Witnesses.

(1)Generally. The court may, and at the request of either party must, exclude prospective witnesses from the courtroom during opening statements and other witnesses’ testimony. If the court finds that a party’s claim that a person is a prospective witness is not made in good faith, it may not exclude the person.
(2)Exceptions.

(A) Victim. A victim has a right to be present at all proceedings at which the defendant has that right.
(B) Investigator. If the court enters an exclusion order, both the defendant and the State are nevertheless entitled to the presence of one investigator at counsel table.
(3)Instruction. As part of its exclusion order, the court must instruct the witnesses not to communicate with each other about the case until all of them have testified.
(4)After Testifying. Once a witness has testified on direct examination and has been made available to all parties for cross-examination, the court must allow the witness to remain in the courtroom, unless a party requests continued exclusion because the witness may be recalled or the court finds that the witness’s presence would be prejudicial to a fair trial.
(b)Spectators.

(1)Generally. All proceedings must be open to the public, including news media representatives, unless the court finds, on motion or on its own, that an open proceeding presents a clear and present danger to the defendant’s right to a fair trial by an impartial jury.
(2)Record. The court must keep a complete record of any closed proceedings and make it available to the public following the trial’s completion or, if no trial occurs, the final disposition of the case.
(c)Protection of a Witness. The court may exclude all spectators, except news media representatives, during a witness’s testimony if the court finds it is reasonably necessary to protect the witness’s safety or to protect the witness from embarrassment or emotional disturbance.

Ariz. R. Crim. P. 9.3

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

HISTORICAL AND STATUTORY NOTES

Former Rule 9.3, relating to exclusion of witnesses and spectators, was abrogated effective January 1, 2018.