R-23-0003 Petition to Amend Rule 615, Arizona Rules of Evidence -

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Last Post 31 May 2023 11:01 PM by Hon. Sara J. Agne

R-23-0003 Petition to Amend Rule 615, Arizona Rules of Evidence

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Hon. Sara J. Agne

New Member

Posts:15

03 Jan 2023 11:38 PM
Sara J. Agne Co-Chair, Advisory Committee on Rules of Evidence Judge, Arizona Superior Court 101 W. Jefferson Street Phoenix, AZ 85003 Telephone: 602-506-8288 Facsimile: 602-372-5817 Maria Elena Cruz Co-Chair, Advisory Committee on Rules of Evidence Judge, Arizona Court of Appeals Division One State Courts Building 1501 West Washington Phoenix, Arizona 85007 Telephone: 602-452-6740 Facsimile: 602-452-3228 Would amend Ariz. R. Evid. 615 to conform to the anticipated 2023 amendments to Fed. R. Evid. 615 Filed: January 3, 2023 Would amend Arizona Rule of Evidence 615 to conform to the anticipated 2023 amendments to Federal Rule of Evidence 615 regarding the “rule of exclusion.” Comments must be submitted no later than Monday, May 1, 2023. Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.
Attachments Rule 615 Petn.docx Rule 615 Petn.pdf Opening Rules for Public Comment_17.pdf R-23-0003 Final Rules Order.PDF

David Euchner

New Member

Posts:33

01 May 2023 02:10 PM
ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE David J. Euchner, SB#021768 33 N. Stone Ave., 21st Floor, Tucson, AZ 85701 TEL: (520) 724-6800 E-Mail: [email protected] Attorney for Arizona Attorneys for Criminal Justice
Attachments R-23-0003 AACJ comment.pdf R-23-0003 AACJ comment.docx

Kate Milewski

New Member

Posts:5

01 May 2023 07:13 PM
Kate Milewski AZ State Bar # 024877 Pinal County Public Defender P.O. Box 2457 Florence, AZ 85132 (520) 866-7199 [email protected] Pursuant to Rule 28(e) of the Arizona Supreme Court Rules, the Pinal County Public Defender respectfully submits this comment opposing the proposed amendment to Rule 615 of the Arizona Rules of Evidence as it is currently written. Although it is generally desirable to be consistent with the Federal Rules of Evidence, the current proposal drastically alters Arizona law by undermining the effectiveness of sequestration orders unless a trial judge takes an additional discretionary step to also prohibit the witness from receiving the trial testimony. Rather than lockstep with this change in its federal counterpart, Arizona should maintain its mandatory interpretation of Rule 615 to ensure the fairness of jury trials. The opposing comment of the Pinal County Public Defender is attached.
Attachments R 23 0003 Pinal County Public Defender Comment Opposing Proposed Amendment to Ariz. R. Evid. 615 (1).docx R 23 0003 Pinal County Public Defender Comment Opposing Proposed Amendment to Ariz. R. Evid. 615 (1).pdf

State Bar of Arizona

Basic Member

Posts:163

01 May 2023 07:45 PM
Comment of the State Bar of Arizona Lisa M. Panahi Bar No. 023421 General Counsel State Bar of Arizona 4201 N. 24th St., Suite 100 Phoenix, AZ 85016 602-340-7236 [email protected]
Attachments R-23-0003 State Bar Comment.pdf R-23-0003 State Bar Comment.docx

Lina Garcia

New Member

Posts:21

01 May 2023 08:27 PM
Joint Comment by Maricopa Public Defense Offices 620 W. Jackson, Suite 4015, Phoenix, AZ 85003 (602) 506-7711 [email protected] AZ Bar #025997 The Maricopa County Indigent Representation Offices jointly submit the attached for consideration.
Attachments R-23-0003 Evid Rule 615_2023.04.30.pdf R-23-0003 Evid Rule 615_2023.04.30.docx

Hon. Sara J. Agne

New Member

Posts:15

31 May 2023 11:01 PM
Reply to Comments Sara J. Agne Co-Chair, Advisory Committee on Rules of Evidence Judge, Arizona Superior Court 101 W. Jefferson Street Phoenix, AZ 85003 Telephone: 602-506-8288 Facsimile: 602-372-5817 Maria Elena Cruz Co-Chair, Advisory Committee on Rules of Evidence Judge, Arizona Court of Appeals Division One State Courts Building 1501 West Washington Phoenix, Arizona 85007 Telephone: 602-452-6740 Facsimile: 602-452-3228
Attachments Reply to Comments on Petn to Amend ARE 615.pdf Rule615 Reply 05312023.docx