Arizona Laws 14-12105. Cooperation between courts
A. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
Terms Used In Arizona Laws 14-12105
- Court: means the superior court. 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.
- Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause. See Arizona Laws 14-9101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Protected person: means an adult for whom a protective order has been issued. See Arizona Laws 14-12102
- Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Arizona Laws 14-12102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Arizona Laws 14-12102
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. 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.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
1. Hold an evidentiary hearing.
2. Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
3. Order that an evaluation or assessment be made of the respondent.
4. Order any appropriate investigation of a person involved in a proceeding.
5. Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph 1 or any other proceeding, any evidence otherwise produced under paragraph 2, and any evaluation or assessment prepared in compliance with an order under paragraph 3 or 4.
6. Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
7. Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 164.504, as amended.
B. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection A, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.