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A.R.S. § 14-12106

Testimony From Another State

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona courts can accept testimony from witnesses in other states by phone, video, or deposition. Documents sent electronically cannot be thrown out just because they are not originals.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

How Out-of-State Witnesses Can Take Part

Guardianship cases often involve people who live in different states. Doctors, family members, and financial advisors may all be spread out. Asking every witness to travel here is not practical.

This statute offers several alternatives.

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.

A.R.S. § 14-12106(A)

The court has broad power here. It can accept depositions, order testimony in another state, and set the rules for how it is collected.

Phone, Video, and Electronic Testimony

Modern technology makes remote testimony simple. This statute expressly allows it.

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.

A.R.S. § 14-12106(B)

The statute also solves another problem. Documents sent by electronic means cannot be thrown out just because they are not paper originals. This removes a barrier to getting records into the case.

These rules apply to witnesses anywhere in the U.S., including territories. As a result, families can cut down on delays and travel costs.

For someone whose family is spread across the country, remote testimony can make a real difference. The court can hear from key people without asking everyone to be in the same room.

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. 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.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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