Arizona Laws 13-4000. Independent qualified expert; evaluation
A. Before any hearing, either party may retain an independent qualified expert to evaluate the person and make recommendations to the court.
Terms Used In Arizona Laws 13-4000
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
- Parties: includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state. See Arizona Laws 13-3991
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Qualified expert: means a psychologist or psychiatrist who:
(a) Is familiar with inpatient and outpatient treatment services in this state. See Arizona Laws 13-3991
- Sufficient cause: means a reasonable belief that the circumstance is true or necessary and is less than a preponderance. See Arizona Laws 13-3991
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent.
C. If the person retains a qualified expert, the qualified expert shall provide to the state’s expert, on request, all records considered or generated by the qualified expert.
D. If the person retains a qualified expert, the person must submit to the state’s evaluation, if requested, or is precluded from presenting the person’s own qualified expert opinion.
E. If providing testimony, an independent qualified expert who is retained by either party must provide a written report to the remaining parties at least fourteen days before a hearing. If requested, the qualified expert must be available for an interview or deposition by the opposing party.
F. Any party may request and the court, with sufficient cause, shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. A hearing that is requested pursuant to section 13-3998, subsection C may not be continued at the state’s request.