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.