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 evidence shall govern the use or admissibility of any deposition taken pursuant to this section.

Terms Used In Arizona Laws 13-4084

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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. See Arizona Laws 13-4081

B. If a material witness is not deposed within three days after a court’s order pursuant to section 13-4083, subsection C, the material witness shall be released from detention.

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