In this article, unless the context otherwise requires:
1. "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
2. "State" includes any territory of the United States and the District of Columbia.
3. "Summons" includes a subpoena, order or other notice requiring the appearance of a witness.
Notes of Decisions
Tracy v. Superior Court, 810 P.2d 1030 (Ariz. 1991).
· cites it 20× “The court's order issued under Arizona's Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings, A.R.S. §§ 13-4091 through 13-4096 (the Uniform Act).”
State v. Carlos, 17 P.3d 118 (Ariz. Ct. App. 2001).
· cites it 4× “2d 94 (1979) (due process violation to deny defendant's motion to summon out-of-state material witness to testify under Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings under A.R.S. §§ 13-4091 through 13-4096). ¶ 21 Thus, the trial…”
Johnson v. O'Connor, 327 P.3d 218 (Ariz. Ct. App. 2014).
· cites it 6× “The Mari-copa County Superior Court has issued a summons under the Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings (“the Uniform Act” or “the Act”), codified in AR.S. §§ 13-4091 to -4096, ordering PCS’s custodian of records…”
State v. Edwards, 665 P.2d 59 (Ariz. 1983).
· cites it 2× “As with the service of in-state subpoenas, a good-faith effort would ordinarily require the State to utilize the Uniform Act to secure the Attendance of Witnesses from Without a State in Criminal Proceedings, A.R.S. §§ 13-4091 to —4096, unless to do so would be futile.”
State v. Brady, 594 P.2d 94 (Ariz. 1979).
· cites it 3× “That portion of the Uniform Act at issue in this case is § 13-1863(A) (renumbered § 13-4093[A]), which reads as follows: “If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or…”
State v. Smith, 753 P.2d 1174 (Ariz. Ct. App. 1987).
· cites it 2× “Appellant contends the ruling denied both his right to compulsory process and the right of confrontation.”
State v. Ray, 598 P.2d 990 (Ariz. 1979).
“Goddard at the Torberg residence about two months before trial and that, at this time, Mr. Goddard was paralyzed and “more or less an invalid.”
Armstrong v. Hooker, 661 P.2d 208 (Ariz. Ct. App. 1982).
· cites it 2× “…be secured under the Uniform Act to Secure The Attendance of Witnesses From Without a State In Criminal Proceedings. A.R.S. § 13-4091 et seq.”
State v. Archie, 831 P.2d 414 (Ariz. Ct. App. 1992).
· cites it 3× “Two weeks later, the state filed a request for attendance of an out-of-state witness pursuant to A.R.S. §§ 13-4091 to 4096, the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings (the Uniform Act).”
State v. Hon kemp/davis, No. 1 CA-SA 16-0031 (Ariz. Ct. App. Apr. 7, 2016).
· cites it 2× “See A.R.S. §§ 13-4091 to –4096 (2010); MCA 46-15-112 to 46- 15-120 (2015).”
State v. Wadi, No. 1 CA-CR 17-0493 (Ariz. Ct. App. May 30, 2019).
· cites it 2× “At the suppression hearing, the superior court heard testimony that the detective submitted grand jury subpoenas for Suddenlink to a deputy county attorney at YCAO, the attorney authorized the subpoenas via email, and the detective submitted the subpoenas to the clerk’s office…”
Ariz. Rev. Stat. § 13-4091(2): 1 case
Tracy v. Superior Court, 810 P.2d 1030 (Ariz. 1991).
“The court's order issued under Arizona's Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings, A.R.S. §§ 13-4091 through 13-4096 (the Uniform Act).”
Ariz. Rev. Stat. § 13-4091(3): 1 case
Johnson v. O'Connor, 327 P.3d 218 (Ariz. Ct. App. 2014).
“The Mari-copa County Superior Court has issued a summons under the Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings (“the Uniform Act” or “the Act”), codified in AR.S. §§ 13-4091 to -4096, ordering PCS’s custodian of records…”
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