Title 13 — Criminal Code

An appeal may be taken by the state from: 1. An order dismissing an indictment, information or complaint or count of an indictment, information or complaint. 2. An order granting a new trial. 3. A ruling on a question of law adverse to the state when the defendant was convicted a…

A. An appeal may be taken by the defendant only from: 1. A final judgment of conviction or verdict of guilty except insane. 2. An order denying a motion for a new trial. 3. An order made after judgment affecting the substantial rights of the party. 4. A sentence on the grounds th…

The expense of a certified copy of the record on appeal or of the reporter's transcript, or both, when appellant files an affidavit that he is without means or wholly unable to pay for such copies, and such affidavit is found true, shall be a charge upon the county in which the a…

The supreme court may reverse, affirm or modify the judgment appealed from, and may grant a new trial or render any judgment or make any order which is consistent with the justice and the rights of the state and the defendant. On an appeal from an order made after judgment, it ma…

A. Upon an appeal by the defendant either from a judgment of conviction or from sentence, if an illegal sentence has been imposed upon a lawful verdict or finding of guilty by the trial court, the supreme court shall correct the sentence to correspond to the verdict or finding. T…

Upon an appeal by the state from any order the supreme court may affirm or reverse such order. Upon an appeal from a sentence on the ground that it is illegal the court shall either approve such sentence or if it decides that the sentence is illegal shall correct the sentence to …

If the appellant fails to prosecute the appeal, the appellate court shall dismiss the appeal.

After a certified copy of the minute entry and a copy of the decision of the supreme court in a criminal appeal has been remitted to the trial court from which the appeal was taken, the supreme court shall have no further jurisdiction of the appeal, or of the proceedings thereon.…

A. Except pursuant to subsection G of this section, if counsel is appointed by the court to represent the defendant in either a criminal proceeding or insanity hearing on appeal, the county in which the court from which the appeal is taken presides shall pay counsel, except that …

A. In any appellate proceeding in a capital case in which an extension of the time to file a brief is requested, the victim, after filing a notice of appearance, has a right to respond to the request for extension within ten days after the filing of the request. B. On the filing …

A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry on all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been…

In any criminal trial every person is competent to be a witness.

A person shall not be examined as a witness in the following cases: 1. A husband for or against his wife without her consent, nor a wife for or against her husband without his consent, as to events occurring during the marriage, nor can either, during the marriage or afterwards, …

In a prosecution for rape, abduction, seduction, pandering, receiving earnings of a prostitute, transporting a female for immoral purposes, forcing a woman to marry, defiling a woman, inveigling or enticing a female into a house of ill-fame or to have illicit carnal relation with…

In any criminal proceeding before a court or grand jury, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby and if the prosecuting attorney, in writing, requests the court to order that person to answer…

Except on agreement of the parties or as provided in section 13-3993 or 13-4000, the court shall not order an adult or child victim or witness in a prosecution for any offense in violation of chapter 14 of this title, a dangerous crime against children in the first or second degr…

A. Any statement that is made by a person who undergoes sex offender treatment that is ordered by the court or that is provided by the state department of corrections or the department of juvenile corrections to a person who is convicted of an offense listed in chapter 14 or 35.1…

A. The process by which attendance of a witness before a court or magistrate is required is a subpoena. B. The subpoena may be signed and issued: 1. By a magistrate before whom a complaint is laid for witnesses, either on behalf of the state or the defendant. 2. By the county att…

A. A subpoena may be served by any person. B. A subpoena may be served by any of the following methods: 1. Personal service. 2. Certified mail. 3. First class mail, if a certificate of service and return card is returned by the addressee. C. Personal service of a subpoena is made…

Failure to comply with a subpoena or refusal to be sworn or to testify as a witness may be punished by the court or magistrate as a contempt.

A. A witness who has been subpoenaed to appear in a criminal action shall appear as directed and at any additional times as the court directs without further subpoena, until finally discharged by the court. B. If the witness who is subpoenaed fails to attend and be present in cou…

A. When the testimony of a material witness for the state or for defendant is required in a criminal action before a court of record, and the witness is a prisoner in the state prison, or a jail, an order for his temporary removal from such prison or jail, and for his production …

A. When a witness has been subpoenaed to appear before a magistrate, grand jury or court, the witness may receive a reasonable amount for travel expenses if either: 1. The witness resides outside of the county in which the legal proceeding is held. 2. The witness is unable to pay…

In this article, unless the context otherwise requires, "material witness" means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case.

In a grand jury proceeding or pending criminal action, the state or the defendant may certify by motion that the presence of a material witness is required. If the court finds that a material witness is unlikely to appear or testify, the court may require the material witness to …

A. If the court finds that a material witness wilfully failed to comply with a properly served subpoena or order to appear, the court may authorize a law enforcement agency to detain the material witness until the witness can be brought before the court. A detained material witne…

A. A detained material witness must either testify or be deposed within three days after the court's detention order pursuant to section 13-4083, subsection C. The Arizona rules of criminal procedure shall govern any deposition taken pursuant to this section. The Arizona rules of…

In this article, unless the context otherwise requires: 1. "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. 2. "State" includes any territory of the United States and the …

A. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jur…

A. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending i…

A. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose bef…

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

This article may be cited as the uniform act to secure the attendance of witnesses from without a state in criminal proceedings.

When a defendant has been held to answer for a public offense, he or the state may, either before or after an indictment or information has been filed, have witnesses examined conditionally on his behalf, as prescribed in this article.

A. When a material witness for defendant or the state is about to leave the state, or is so sick or infirm as to afford reasonable grounds to believe that he will be unable to attend the trial, defendant or the state may apply to the court for an order that the witness be examine…

A. If the court is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally at a specified time and place, and that a copy of the order be served on the opposite party at least two days before the examination. B…

A. The attendance of the witness may be enforced by subpoena, issued by the officer before whom the examination is to be taken. B. The testimony given by the witness shall be reduced to writing and authenticated in the same manner as testimony of a witness taken as provided in ta…

The deposition may be read in evidence by either party on the trial, when it appears that the witness is unable to attend, by reason of death, insanity, sickness or infirmity, or of his continued absence from the state, and subject to the same objections to a question or answer t…

A. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness residing without the state examined in his behalf, as prescribed in this article, upon application to the court in which the action is pending, supported by an affida…

A. When the commission is ordered, the defendant shall serve upon the county attorney, without delay, a copy of the commission and interrogatories, with two days notice of the time when they will be presented to the court. The county attorney if he desires to present cross-interr…

A. The commissioner, unless otherwise specially directed, shall execute the commission as follows: 1. Publicly administer an oath to the witness that his answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth. 2. Cause the examination …

A. The clerk or judge receiving the commission and return shall immediately open and file it in the office of the clerk of the court in which the indictment or information is pending. B. If the commission and return is transmitted by mail, the clerk to whom it is addressed shall …

The depositions taken under the commission may be read in evidence by either party on the trial upon it being shown that the witness is unable to attend from any cause whatever, and subject to the same objections as if the witness were examined in court.

A. If the commission and return is delivered by the commissioner to an agent, the agent shall deliver the commission to the clerk to whom it is directed or to the judge of the court in which the action is pending, by whom it may be received upon the agent making affidavit that he…

A person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may petition for and prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.

Application for the writ shall be made by verified petition, signed either by the party for whose relief it is intended or by some person in his behalf, and shall state that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the place w…

A. The writ of habeas corpus may be granted: 1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof. 2. By the superior court or a judge thereof, in their resp…

A. A court or judge authorized to grant a writ of habeas corpus, to whom a petition therefor is presented, if it appears that the writ ought to issue, shall grant it without delay. B. If the person by or upon whose behalf the application for the writ is made is detained upon a cr…

The writ shall be directed to the person having custody of or restraining the person on whose behalf the petition is made, and shall command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified.

A. If the writ is directed to the sheriff or other officer of the court out of which the writ is issued, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If the writ is directed to any other officer or person, the writ sh…