Title 12 — Courts and Civil Proceedings

A. Every person, including a party, may testify in any civil or criminal proceeding, or before any person who has authority to receive evidence, except as otherwise expressly provided by law. B. A person shall not be incompetent to testify because he is a party to an action or pr…

The following shall not be witnesses in a civil action: 1. Persons who are of unsound mind at the time they are called to testify. 2. Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are to testify, or of relati…

A. In a civil or criminal action, only a qualified witness may offer expert opinion testimony regarding scientific, technical or other specialized knowledge and the testimony is admissible if the court determines that all of the following apply: 1. The witness is qualified to off…

A. A witness summoned in an action shall attend the court from day to day until discharged by the court or, with the court's permission, by the party summoning him. B. A witness summoned who fails to appear may be punished for contempt of court, and a warrant for the arrest of su…

A. When a public officer is authorized by law to take evidence, he may issue subpoenas, compel attendance of witnesses and production of documentary evidence, administer oaths to witnesses, and cause depositions to be taken, in like manner as in civil actions in the superior cour…

A witness shall be privileged from arrest, except for treason, felony and breach of the peace, during his attendance at court, and in going to and returning therefrom, allowing one day for each twenty-five miles from his place of abode.

A. A subpoena for the attendance of a witness or for production of documentary evidence issued in a civil or criminal proceeding and directed to a person engaged in gathering, reporting, writing, editing, publishing or broadcasting news to the public, and which relates to matters…

A. An oath or affirmation shall be administered in a manner which will best awaken the conscience and impress the mind of the person taking the oath or affirmation, and it shall be taken upon the penalty of perjury. B. The oath or affirmation may be administered by any judge, cle…

Every executive and judicial officer, clerk or deputy clerk of courts of record, those clerks of a justice or municipal court as authorized by the court and all notaries public may administer and certify oaths required to be administered or taken under any law of this state. Othe…

A. An oath or affirmation when taken without this state, but within the United States, may be taken before any judge, commissioner or clerk of a court of record having a seal, master in chancery, notary public authorized to administer oaths and affirmations by the law of the stat…

In a civil action a husband shall not be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, except as provided in section 12-2232.

A. A husband or wife, during the marriage or afterward, without the consent of the other, shall not be examined as to any communications made by one to the other during the marriage, except: 1. In an action for divorce or a civil action by one against the other. 2. In a criminal …

In a civil action a clergyman or priest shall not, without the consent of the person making a confession, be examined as to any confession made to him in his character as clergyman or priest in the course of discipline enjoined by the church to which he belongs.

A. In a civil action an attorney shall not, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment. An attorney's paralegal, assistant, secretary, stenographer or clerk…

In a civil action a physician or surgeon shall not, without the consent of his patient, or the conservator or guardian of the patient, be examined as to any communication made by his patient with reference to any physical or mental disease or disorder or supposed physical or ment…

A person who offers himself as a witness and voluntarily testifies with reference to the communications referred to in sections 12-2234 and 12-2235 thereby consents to the examination of such attorney, physician or surgeon.

A person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station, shall not be compelled to testify or disclose in a legal proceeding or trial or any proceeding whatever, or before any jury, inquisitor…

A. Before or after the filing of a complaint, mediation may occur pursuant to law, a court order or a voluntary decision of the parties. B. The mediation process is confidential. Communications made, materials created for or used and acts occurring during a mediation are confiden…

A. In a civil action, a domestic violence victim advocate shall not be examined as to any communication made by the domestic violence victim to the domestic violence victim advocate. B. This section does not apply to a civil action brought pursuant to title 36, chapter 37, relati…

A. In a civil action, a sexual assault victim advocate shall not be examined as to any communication made by the sexual assault victim to the sexual assault victim advocate. B. This section does not apply to: 1. A civil action brought pursuant to title 36, chapter 37, relating to…

In an action by or against personal representatives, administrators, guardians or conservators in which judgment may be given for or against them as such, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestat…

Every written instrument, except promissory notes, bills of exchange, and the last wills of deceased persons, may be acknowledged as deeds are required to be acknowledged, and when so acknowledged shall be received in evidence without further proof of execution.

Certified copies, under the hands and official seals, if there are official seals, by all state and county officers of all documents properly on file with such officers, shall be received in evidence as the originals might be received.

A birth, death or fetal death certificate is prima facie evidence of the facts therein stated, but if an alleged father of a child is not the husband of the mother, the certificate shall not be prima facie evidence of paternity if that fact is controverted by the alleged father.

A certificate of marriage executed in accordance with the laws of this state or a foreign state or country, or the record thereof, or a certified copy of such record shall be prima facie evidence of the facts therein stated in any proceeding, civil or criminal, in which the matte…

A certificate of purchase or a certificate of location or a duplicate receiver's receipt for land situated in this state, issued or made pursuant to any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate or receipt i…

In this article, unless the context otherwise requires: 1. "Clinical laboratory" has the same meaning prescribed in section 36-451. 2. "Contractor" means an agency or service that duplicates medical records on behalf of health care providers. 3. "Department" means the department …

A. Unless otherwise provided by law, all medical records and payment records, and the information contained in medical records and payment records, are privileged and confidential. A health care provider may only disclose that part or all of a patient's medical records and paymen…

A. Except as provided in subsections B and C of this section, on the written request of a patient or the patient's health care decision maker for access to or copies of the patient's medical records and payment records, the health care provider in possession of the record shall p…

A. A health care provider shall disclose medical records or payment records, or the information contained in medical records or payment records, without the patient's written authorization as otherwise required by law or when ordered by a court or tribunal of competent jurisdicti…

A. A subpoena seeking medical records or payment records shall be served on the health care provider and any party to the proceedings at least ten days before the production date on the subpoena. B. A subpoena that seeks medical records or payments records must meet one of the fo…

A. Except as otherwise provided by law, a health care provider or contractor may charge a person who requests reproductions of medical records or payment records a reasonable fee for the reproduction of the records pursuant to this section. Except as necessary for continuity of c…

A health care provider, contractor or clinical laboratory that acts in good faith under this article is not liable for damages in any civil action for the disclosure of medical records, payment records or clinical laboratory results or information contained in medical records, pa…

A. Unless otherwise required by statute or by federal law, a health care provider shall retain the original or copies of a patient's medical records as follows: 1. If the patient is an adult, for at least six years after the last date the adult patient received medical or health …

In this article, unless the context otherwise requires: 1. "Advance payment" means any money or other thing of value voluntarily paid or provided before trial, as compensation or reimbursement for damages, to or for the benefit of any person having or asserting a claim for damage…

A. During trial of any action brought for damages for personal injuries or for wrongful death or for damage or destruction of property, evidence of an advance payment made by a defendant or any person acting on behalf of a defendant to or for the benefit of any person having or a…

In this article, unless the context otherwise requires, "silent witness or crime stopper program" means a program which meets each of the following requirements: 1. The purpose of the program is to obtain information on wanted persons, felony crimes and other criminal activity. 2…

A. A record of a communication between a person who submits a report of criminal activity to a silent witness, crime stopper or operation game thief program administered by a police department, a sheriff's department, a county attorney's office or the Arizona game and fish depart…

In this article, unless the context otherwise requires: 1. "Actual harm" means damage, loss or injury. 2. "Audit report" means an audit report, prepared by an organization, as prescribed by section 12-2322. 3. "Health or safety law" means a federal, state or local statute, rule, …

A. Except for an item described in section 12-2326, an audit report shall include each document and communication that is created for an audit to evaluate an organization's compliance with a health or safety law or an industry standard of excellence with respect to safety, reliab…

A. Except as provided in sections 12-2324, 12-2325 and 12-2326, any part of an audit report conducted by an organization is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A legal or an equitable civil action. 2. An administrative …

A. The privilege prescribed in section 12-2323 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by a health or s…

A. A court or administrative hearing officer with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing officer determines after an in camera review that any of the following ap…

A. The privilege prescribed in this article does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a health or safety law. 2. Information obtained by observatio…

A. If an audit report is obtained, reviewed or used in a criminal proceeding, the privilege prescribed in this article is not waived or eliminated for any other purpose. B. Notwithstanding the privilege prescribed in this article, a regulatory agency may review information in an …

A. This article does not provide civil or criminal immunity to an organization or to affect any other privilege that may be available by law. B. This article does not apply to a health professional as defined in section 32-3201 or a health care institution as defined in section 3…