Criminal Discovery and Disclosure Compliance for the State: Arizona’s Rule 15.1
The state of Arizona’s Rules of Criminal Procedure lay out all the legal requirements regarding how criminal proceedings must take place within the state. One very important component of these rules is that of discovery compliance and what the prosecution is required to disclose at the onset of a criminal case. Rule 15.1 in the Arizona Rules of Criminal Procedure details all the disclosure requirements that the State must meet throughout a criminal case.
What is Discovery?
In a criminal case, discovery is all the information that is disclosed between the defendant and the prosecution that may be used in court. It can include witness lists, police reports, photographs, and witness testimony, among others.
The prosecution, which is the State of Arizona, is legally required to disclose anything that could be used against the defendant in court, as well as any discovery that have that might work in the defendant’s favor.
Initial Disclosure
Initial disclosure must be provided to the defendant by the arraignment or the preliminary hearing, whichever is held first. This initial disclosure must include:
- All existing original and supplemental reports prepared by a law enforcement agency in connection with the charged offense.
- For each expert who has examined a defendant or any evidence in the case, or who the State intends to call at trial:
- the expert’s name, address, and qualifications;
- any report prepared by the expert and the results of any completed physical examination, scientific test, experiment, or comparison conducted by the expert; and
- 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.
Supplemental Disclosure
If not already included in the initial disclosure, the State must provide additional disclosure to the defendant within 30 days of a superior court arraignment or by the first pretrial conference in a limited jurisdiction court, such as a city, justice, or municipal court.
This supplemental disclosure must include:
- The name and address of each person the State intends to call as a witness in the State’s case-in-chief and any relevant written or recorded statement of the witness.
- Any statement of the defendant and any co-defendant.
- All existing original and supplemental reports prepared by a law enforcement agency in connection with the charged offense.
- For each expert who has examined a defendant or any evidence in the case, or who the State intends to call at trial:
- the expert’s name, address, and qualifications;
- any report prepared by the expert and the results of any completed physical examination, scientific test, experiment, or comparison conducted by the expert; and
- 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.
- A list of all documents, photographs, other tangible objects, and electronically stored information the State intends to use at trial or that were obtained from or purportedly belong to the defendant.
- A list of the defendant’s prior felony convictions the State intends to use at trial.
- A list of the defendant’s other acts the State intends to use at trial.
- All existing material or information that tends to mitigate or negate the defendant’s guilt or would tend to reduce the defendant’s punishment.
- Whether there has been any electronic surveillance of any conversations to which the defendant was a party, or of the defendant’s business or residence.
- Whether a search warrant has been executed in connection with the case.
- Whether the case involved an informant, and, if so, the informant’s identity, subject to the restrictions.
Additional Disclosure Rules
Rule 15.1 provides additional requirements that the State must abide by when it comes to discovery compliance. These include:
- Prior Felony Convictions – If they intend to use them at a trial, the State must provide the list of prior felony convictions, and each witness intended to be called, 30 days before a felony trial, 30 days after a defendant’s request in a felony trial, or 10 days before a misdemeanor trial.
- Defendant Requests – In addition to tangible items or electronic information belonging to the defendant that the State intends to use, a defendant can also request related 911 calls and expert reports, statements, and notes.
- Court Ordered Disclosure – The court can order additional discovery be disclosed if it finds there is a substantial need for it to prepare the defendant’s case or if obtaining it would cause undue hardship to the defendant.
- Rebuttal Evidence – The State must disclosure the witnesses it intends to use as a rebuttal witness.
- Death Penalty – The State must disclosure within 60 days of a superior court arraignment is they intend to seek the death penalty.
- Victims’ Rights – Identifying and locating information for victims will be redacted or undisclosed unless disclosure is needed to protect the constitutional rights of the defendant.
Rideout Law Group remains aware of the timeliness of disclosure provided by the State in all criminal cases and ensures that every defendant receives all discovery regarding their matter in order to build the strongest defense possible.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.