Arizona Laws 14-12106. Taking testimony in another state
A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms on which the testimony is to be taken.
Terms Used In Arizona Laws 14-12106
- Court: means the superior court. See Arizona Laws 14-1201
- court in this state: means the superior court. See Arizona Laws 14-12102
- 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.
- Electronic: means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities. See Arizona Laws 14-1201
- 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.
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Arizona Laws 14-12102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 14-12102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Arizona Laws 1-215
B. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.