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 examined conditionally.

Terms Used In Arizona Laws 13-4102

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. The application shall be made upon affidavit stating:

1. The nature of the offense charged.

2. The name and residence of the witness.

3. That his testimony is material to the defense or prosecution of the action.

4. That the witness is about to leave the state or is so sick or infirm as to afford reasonable grounds to believe that he will not be able to attend the trial.

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