Arizona Revised Statutes

Ariz. Rev. Stat. § 12-2212 (2026)

Subpoena by public officer; contempt

✓ current as of May 2026

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A. When a public officer is authorized by law to take evidence, he may issue subpoenas, compel attendance of witnesses and production of documentary evidence, administer oaths to witnesses, and cause depositions to be taken, in like manner as in civil actions in the superior court.

B. If a witness fails to appear at the time and place designated in the subpoena, or fails to answer questions relating to the matter about which the officer is authorized to take testimony, or fails to produce a document, the officer may, by affidavit setting forth the facts, apply to the superior court of the county where the hearing is held, and the court shall thereupon proceed as though such failure had occurred in an action pending before it.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1972–2021 · leading case: Arizona Div. of Occupational Saf. & Health v. Superior Court, 863 P.2d 276 (Ariz. Ct. App. 1993).

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Arizona Div. of Occupational Saf. & Health v. Superior Court, 863 P.2d 276 (Ariz. Ct. App. 1993). · cites it 4× “The issue raised in this special action is whether the ADOSH employees are statutorily exempt from compulsory appearance before the Board under A.”

State Pers. Comm'n v. Webb, 500 P.2d 329 (Ariz. Ct. App. 1972). “The commission, or a duly appointed hearing officer, shall conduct the hearing and is authorized to take evidence and exercise the rights prescribed by § 12-2212. The commission shall prepare an official record of the hearing, including all testimony recorded manually or by…”

Shinn v. Merkow (Ariz. Ct. App. 2021). · cites it 3× “§ 41-783(B) (“The state personnel board may appoint a hearing officer to conduct the hearing and take evidence on behalf of the board and exercise the rights prescribed by § 12-2212”); see also A.R.S. § 12-2212 (authority to issue subpoenas).”

State v. Hannagan's Meadow Lodge Corp., 543 P.2d 797 (Ariz. Ct. App. 1975). “The board, or a duly appointed hearing officer, shall conduct the hearing and is authorized to take evidence and exercise the rights prescribed by section 12-2212. The board shall prepare an official record of the hearing, including the testimony recorded manually or by…”

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