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Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4081 (2026)

Definition of material witness

✓ current as of May 2026
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13-4081. Definition of material witness

In this article, unless the context otherwise requires, "material witness" means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case.

Notes of Decisions
Cited in 5 cases, 1989–2003 · leading case: State v. Jones, 937 P.2d 1182 (Ariz. Ct. App. 1996).
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State v. Jones, 937 P.2d 1182 (Ariz. Ct. App. 1996). · cites it 6× “Even though the trial court failed to comply with the procedural requirements for securing the testimony of material witnesses, see A.R.S. §§ 13-4081 to 13-4084; Ariz. R. Civ.”
State v. Montano, 65 P.3d 61 (Ariz. 2003). · cites it 2× “See A.R.S. §§ 13-4081 to -4083 (2001) (describing the circumstances and procedures by which an uncharged witness can be held in custody); see also State v.”
State v. Hurles, 914 P.2d 1291 (Ariz. 1996). · cites it 2× “VI, § 5(3) and A.R.S. §§ 13-4081 and 13-4033(A). BACKGROUND After serving nearly fifteen years in prison for sexually assaulting two young boys, Richard Dean Hurles was released on parole in June 1992.”
State v. Montaño, 65 P.3d 61 (Ariz. 2003). · cites it 2× “See A.R.S. §§ 13-4081 to -4083 (2001) (describing the circumstances and procedures by which an uncharged witness can be held in custody); see also State v.”
State v. Vierra, 785 P.2d 573 (Ariz. Ct. App. 1989). · cites it 2× “The state could have invoked the procedures relating to material witnesses, set forth in A.R.S. §§ 13-4081 through -4084. We will not, however, impose upon the state the duty to arrest all potential witnesses for deposition simply because it is possible that some may be useful…”
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