Arizona Laws 44-1414. Order compelling testimony or production of evidence; immunity; contempt
A. In any proceeding or investigation under this article, if a person refuses to answer a question or produce evidence of any kind on the ground that he may be incriminated and if the attorney general or county attorney requests the court in writing to order the person to answer the question or produce the evidence, the court may make this order and the person shall comply with the order. If the court denies the request, the court shall state its reasons for denial in writing. After complying, the testimony or evidence, or any information directly or indirectly derived from the testimony or evidence, shall not be used against the person in any proceeding or prosecution for a crime or offense concerning which he gave an answer or produced evidence under the court order, except that immunity obtained pursuant to this section does not prevent or in any way affect the bringing of an action under section 44-1408. Immunity obtained pursuant to this section does not exempt any person from prosecution, penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order.
Terms Used In Arizona Laws 44-1414
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Person: means an individual, corporation, business trust, partnership, association or any other legal entity. See Arizona Laws 44-1401
- Testify: Answer questions in court.
- Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Arizona Laws 1-215
B. If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection A of this section, he may be adjudged in contempt.