Court Rules | Ariz. R. Crim. P. 15.4 | 2018
In all disclosure under this rule the following shall apply:
a. Statements.
(1) Definition. Whenever it appears in Rule 15 the term "statement" shall mean;
(i) A writing signed or otherwise adopted or approved by a person;
(ii) A mechanical, electronic or other recording of a person's oral communications or a transcript thereof, and
(iii) A writing containing a verbatim record or a summary of a person's oral communications.
(2) Superceded notes. Handwritten notes that have been substantially incorporated into a document or report within twenty working days of the notes being created, or that have been otherwise preserved electronically, mechanically or by vebatim dictation, shall no longer themselves be considered a statement.
b. Materials not subject to disclosure.
(1) Work product. Disclosure shall not be required of legal research or of records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the prosecutor, members of the prosecutor's legal or investigative staff or law enforcement officers, or of defense counsel or defense counsel's legal or investigative staff.
(2) Informants. Disclosure of the existence of an informant or of the identity of an informant who will not be called to testify shall not be required where disclosure would result in substantial risk to the informant or to the informant's operational effectiveness, provided the failure to disclose will not infringe the constitutional rights of the accused.
c. Failure to call a witness or raise a defense. The fact that a witness' name is on a list furnished under this rule, or that a matter contained in the notice of defenses is not raised, shall not be commented upon at the trial, unless the court on motion of a party, allows such comment after finding that the inclusion of the witness' name or defense constituted an abuse of the applicable disclosures rule.
d. Use of materials. Any materials furnished to an attorney pursuant to this rule shall not be disclosed to the public but only to others to the extent necessary to the proper conduct of the case.
e. Requests for disclosure. All requests for disclosure required pursuant to Rules 15.1a. 15.1b and 15.2c shall be made to the opposing party.
f. Filing of papers; exception for misdemeanors and petty offenses filed in limited jurisdiction courts. For misdemeanor and petty offenses triable in limited jurisdiction courts, materials disclosed by the parties pursuant to Rule 15.1 and Rule 15.2, or notices of their service, shall not be filed with the court unless they are filed as attachments or exhibits to other documents when relevant to the determination of an issue before the court. On motion of a party, victim, or on the court's own motion for good cause, the court may order the general standard shall not apply and that discovery papers shall be filed with the court to the extent helpful or necessary to maintain efficient and appropriate case management.