Arizona Laws 38-424. Use of electronic recording devices; use of court reporter or stenographer; official record; presumed remedy for deficient electronic record
A. Except as provided in Title 21, Chapter 4, Title 36, Chapter 5, and subsections B and C of this section, this state or any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may for any purpose use electronic recording devices in lieu of court reporters or stenographers.
Terms Used In Arizona Laws 38-424
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes printing. See Arizona Laws 1-215
B. If requested by either party in writing at least five court days before a trial or hearing arising out of an indictment or information and a court reporter or stenographer is available on the day of the trial or hearing, a court reporter or stenographer shall be used, except that if the court finds a trial is required to start within the five days in order to comply with a victim’s or defendant‘s right to a speedy trial, the court may commence the trial using an electronic recording device.
C. If requested by either party in writing at least five court days before a trial or hearing held pursuant to Title 36, Chapter 37 and a court reporter or stenographer is available on the day of the trial or hearing, a court reporter or stenographer shall be used.
D. Either party may provide a court reporter or stenographer in addition to the electronic recording device that is used by a court to record the proceedings. The official record of the proceedings is the record prepared by the court reporter. If no court reporter is available, the official record of the proceedings is the record prepared by the court pursuant to rules adopted by the supreme court.
E. If an electronic recording device is used in a trial or hearing arising out of an indictment or information, on the request of either party, the court shall hold a hearing to determine if there is a deficiency in the electronic record of the proceeding and whether the deficiency prejudiced a party. If the court finds that a deficiency in the electronic record prejudiced a party, the court shall presume that the prejudiced party is entitled to a new trial or phase of trial pursuant to rule 24 of the Arizona rules of criminal procedure.