Arizona Laws 13-4111. Witness for defendant; grounds; application; issuance of commission; stay of trial
A. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness residing without the state examined in his behalf, as prescribed in this article, upon application to the court in which the action is pending, supported by an affidavit showing:
Terms Used In Arizona Laws 13-4111
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. The nature of the offense.
2. The name of the witness.
3. That his testimony is material to the defense of the action.
4. That the witness resides without the state.
B. If the court is satisfied of the truth of the facts stated and that the examination of the witness is necessary to the attainment of justice, an order shall be made that a commission be issued to take his testimony.
C. The trial of the indictment or information may be stayed for a time reasonably sufficient for the execution and return of the commission.