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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
 5 Replies
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Author Messages
Hon. Sara J. Agne
New Member
Posts:15 New Member

--
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
    David Euchner
    New Member
    Posts:29 New Member

    --
    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
    Kate Milewski
    New Member
    Posts:5 New Member

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    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
    State Bar of Arizona
    Basic Member
    Posts:141 Basic Member

    --
    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
    Lina Garcia
    New Member
    Posts:14 New Member

    --
    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
    Hon. Sara J. Agne
    New Member
    Posts:15 New Member

    --
    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
    Topic is locked

    Forums Rule Change Petitions under Consideration Rules of Evidence