Petition to Amend Arizona Rule of Evidence 803(10)

Would align the rule with a proposed amendment to the federal rule, adopting a “notice-and-demand” procedure that would require production of the person who prepared a certificate stating the absence of a public record only if the defendant, after receiving notice from the state, makes a timely pretrial demand for production of the witness

Petitioners:

Mark W. Armstrong
Co-Chair, Advisory Committee on Rules of Evidence
Staff Attorney, Arizona Supreme Court
Superior Court Judge (Ret.)
1501 W. Washington, Suite 415
Phoenix, AZ 85007-3231
Telephone: (602) 452-3387
Facsimile: (602) 452-3482
State Bar of Arizona No. 4945

Samuel A. Thumma
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) 542-3492
State Bar of Arizona No. 14679

Filed: November 20, 2012

Comments due May 21, 2013.

ADOPTED as modified, effective January 1, 2014.