Rule 15.1. Disclosure by state

a. Initial Disclosure in Felony Cases. Unless otherwise ordered by the court or provided by local rule, at the arraignment, or at the preliminary hearing, whichever occurs first, the prosecutor shall make available to the defendant all reports containing items listed in Rule 15.1(b)(3) and (4) that were in the possession of the attorney filing the charge at the time of the filing.

b. Supplemental Disclosure; Scope. Except as provided by Rule 39(b), the prosecutor shall make available to the defendant the following material and information within the prosecutor's possession or control:

(1) The names and addresses of all persons whom the prosecutor intends to call as witnesses in the case-in-chief together with their relevant written or recorded statements,

(2) All statements of the defendant and of any person who will be tried with the defendant,

(3) All then existing original and supplemental reports prepared by a law enforcement agency in connection with the particular crime with which the defendant is charged,

(4) The names and addresses of experts who have personally examined a defendant or any evidence in the particular case, together with the results of physical examinations and of scientific tests, experiments or comparisons that have been completed,

(5) A list of all papers, documents, photographs or tangible objects that the prosecutor intends to use at trial or which were obtained from or purportedly belong to the defendant,

(6) A list of all prior felony convictions of the defendant which the prosecutor intends to use at trial,

(7) A list of all prior acts of the defendant which the prosecutor intends to use to prove motive, intent, or knowledge or otherwise use at trial

(8) All then existing material or information which tends to mitigate or negate the defendant's guilt as to the offense charged, or which would tend to reduce the defendant's punishment therefor.

(9) Whether there has been any electronic surveillance of any conversations to which the defendant was a party, or of the defendant's business or residence;

(10) Whether a search warrant has been executed in connection with the case;

(11) Whether the case has involved an informant, and, if so, the informant's identity, if the defendant is entitled to know either or both of these facts under Rule 15.4(b) (2).

c. Time for Disclosure. Unless otherwise ordered by the court, the prosecutor shall disclose the materials and information listed in Rule 15.1(b) not later than:

(1) For cases in Superior Court, 30 days after arraignment.

(2) For Limited Jurisdiction Courts, at the first pre-trial conference.

d. Prior Felony Convictions

(1) In a felony case, at least thirty days prior to trial, or thirty days after a request from the defendant, whichever occurs first, the state shall make available to the defendant a list of the prior felony convictions of witnesses whom the prosecutor intends to call at trial.

(2) In a misdemeanor case, at least ten days prior to trial, the state shall make available to the defendant a list of the prior felony convictions of witnesses whom the prosecutor intends to call at trial.

(3) In a felony case, at least thirty days prior to trial, or thirty days after a request from the defendant, whichever occurs first, the state shall make available to the defendant a list of the prior felony convictions that the prosecutor intends to use to impeach a disclosed defense witness at trial.

(4) In a misdemeanor case, at least ten days prior to trial the state shall make available to the defendant a list of the prior felony convictions that the prosecutor intends to use to impeach a disclosed defense witness at trial.

e. Additional Disclosure upon Request and Specification. Unless otherwise ordered by the court, the prosecutor shall, within thirty days of a written request, make available to the defendant for examination, testing and reproduction the following:

(1) Any specified items contained in the list submitted under rule 15.1 ( b) (5).

(2) Any 911 calls existing at the time of the request that can reasonably be ascertained by the custodian of the record to be related to the case.

(3) Any completed written reports, statements and examination notes made by experts listed in subsections (b)(1) and (b)(4) of this rule in connection with the particular case.

The prosecutor may impose reasonable conditions, including an appropriate stipulation concerning chain of custody to protect physical evidence produced under this section or to allow time to complete any examination of such items.

f. Disclosure by Prosecutor. The prosecutor's obligation under this rule extends to material and information in the possession or control of any of the following:

(1) The prosecutor, or members of the prosecutor's staff, or,

(2) Any law enforcement agency which has participated in the investigation of the case and that is under the prosecutor's direction or control, or,

(3) Any other person who has participated in the investigation or evaluation of the case and who his under the prosecutor's direction or control.

g. Disclosure by Order of the Court. Upon motion of the defendant showing that the defendant has substantial need in the preparation of the defendant's case for material or information not otherwise covered by Rule 15.1, and that the defendant is unable without undue hardship to obtain the substantial equivalent by other means, the court in its discretion may order any person to make it available to the defendant. The court may, upon the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive.

h. Disclosure of Rebuttal Evidence. Upon receipt of the notice of defenses required from the defendant under Rule 15.2(b) the state shall disclose the names and addresses of all persons whom the prosecutor intends to call as rebuttal witnesses together with their relevant written or recorded statements.

i. Additional Disclosure in a Capital Case.

(1) The prosecutor, no later than 60 days after the arraignment in superior court, shall provide to the defendant notice of whether the prosecutor intends to seek the death penalty. This period may be extended up to 60 days upon written stipulation of counsel filed with the court. Once the stipulation is approved by the court, the case shall be considered a capital case for all administrative purposes including, but not limited to, scheduling, appointment of counsel under Rule 6.8, and assignment of a mitigation specialist. Additional extensions may be granted upon stipulation of the parties and approval of the court. The prosecutor shall confer with the victim prior to agreeing to an extension of the 60 day deadline or any additional extensions, if the victim has requested notice pursuant to A.R.S. Section 13-4405.

(2) If the prosecutor files notice of intent to seek the death penalty, the prosecutor shall at the same time provide the defendant with a list of aggravating circumstances the state will rely on at the aggravation hearing in seeking the death penalty.

(3) The prosecutor, no later than 30 days after filing a notice to seek the death penalty, shall provide to the defendant the following:

(a) The names and addresses of all persons whom the prosecutor intends to call as witnesses to support each identified aggravating circumstance at the aggravation hearing together with any written or recorded statements of the witness.

(b) The names and addresses of experts whom the prosecutor intends to call to support each identified aggravating circumstance at the aggravation hearing together with any written or recorded statements of the expert.

(c) A list of any and all papers, documents, photographs or tangible objects that the prosecutor intends to use to support each identified aggravating circumstance at the aggravation hearing.

(d) All material or information that might mitigate or negate the finding of an aggravating circumstance or mitigate the defendant's culpability.

(4) The trial court may enlarge the time or allow the notice required in Rule 15.1(i)(3) to be amended only upon a showing of good cause by the prosecution, or upon stipulation of counsel and approval of the court.

(5) Within 60 days of receipt of the disclosure required under Rule 15.2(h)(1), the prosecutor shall disclose to the defendant the following:

(a) The names and addresses of all persons whom the prosecutor intends to call as rebuttal witnesses on each identified aggravating circumstance together with any written or recorded statements of the witness.

(b) The names and addresses of all persons the state intends to call as witnesses at the penalty hearing together with any written or recorded statements of the witness.

(c) The names and addresses of experts who may be called at the penalty hearing together with any reports prepared by the expert.

(d) A list of any and all papers, documents, photographs or tangible objects that the prosecutor intends to use during the aggravation and penalty hearings.

j. Reproduction or Release for Inspection of Items Prohibited by Title 13, Chapter 35.1. Except as provided below, nothing in this rule shall be construed to require the prosecutor to reproduce or release for testing or examination any items listed in Rule 15.1(b)(5) if the production or possession of the items is otherwise prohibited by Title 13, Chapter 35.1.  The prosecutor shall make such items reasonably available for inspection with such conditions as are necessary to protect the rights of victims. Upon a substantial showing by a defendant that reproduction or release for examination or testing of any particular item is required for the effective investigation or presentation of a defense, such as for expert analysis, the court may require reproduction or release for examination or testing of that item, subject to such terms and conditions as are necessary to protect the rights of victims, to document the chain of custody, and to protect physical evidence. Reproduction of or release for examination and testing of such items shall be subject, in addition to such other terms and conditions as are ordered by the court in any particular case, to the following restrictions: (1) the item shall not be further reproduced or distributed except as allowed in the court's order; (2) the item shall only be viewed or possessed by the persons listed in the court's order; (3) the item shall not be possessed by or viewed by the defendant outside the direct supervision of defense counsel, advisory counsel, or defense expert; (4) the item must first be delivered to defense counsel or advisory counsel, or if expressly permitted by order of the court, to a specified defense expert; (5) defense counsel or advisory counsel shall be accountable to the court for any violation of the court order or this Rule; and (6) the item shall be returned to the prosecutor by a deadline ordered by the court.

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