Ariz. Rev. Stat. » Title 21
Arizona Revised Statutes

Ariz. Rev. Stat. § 21-412 (2026)

Evidence on behalf of person under investigation

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The grand jurors are under no duty to hear evidence at the request of the person under investigation, but may do so. The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided that such counsel may not communicate with anyone other than his client. If such counsel communicates with anyone other than his client he may be summarily expelled by the court from the grand jury chambers. The grand jurors shall weigh all the evidence received by them and when they have reasonable ground to believe that other evidence, which is available, will explain away the contemplated charge, they may require the evidence to be produced.

Notes of Decisions
Cited in 26 cases (5 in the last 5 years), 1946–2026 · leading case: Trebus v. Davis, 944 P.2d 1235 (Ariz. 1997).
Sort: Relevance Newest Treatment
Trebus v. Davis, 944 P.2d 1235 (Ariz. 1997). · cites it 40× “Trebus contends the trial judge abused his discretion by refusing to remand this case because the prosecutor had deprived him of the right to make a written request to present explanatory evidence to the grand jury pursuant to A.R.S. § 21-412. We granted review to examine the…”
State v. Just, 675 P.2d 1353 (Ariz. Ct. App. 1983). · cites it 10× “Following the remand, appellant submitted a letter to the grand jury requesting the jurors to consider evidence in appellant’s behalf as “a person under investigation” pursuant to A.R.S. § 21-412. The letter requested the jury to hear tape recorded interviews of appellant’s…”
Bashir v. Pineda, 248 P.3d 199 (Ariz. Ct. App. 2011). · cites it 15× “That case addressed A.R.S. § 21-412 and Rule 12.6, and the "responsibility of a prosecutor who learns that a defendant wishes to present exculpatory evidence or testify before a grand jury.”
Crimmins v. Superior Ct. in & for Maricopa Cy., 668 P.2d 882 (Ariz. 1983). · cites it 4× “" A.R.S. § 21-412. It is for this reason also that the American Bar Association Standards relating to the prosecution function require the prosecutor to "give due deference to [the grand jury's] status as an independent legal body.”
State v. Doolittle, 746 P.2d 924 (Ariz. Ct. App. 1987). · cites it 18× “6, Arizona Rules of Criminal Procedure, and A.R.S. § 21-412. The state filed a response, to which appellee filed a reply.”
Black v. Coker, 247 P.3d 1005 (Ariz. Ct. App. 2011). · cites it 11× “That case addressed A.R.S. § 21-412 1 and Arizona Rule of Criminal Procedure 12.”
State v. Coconino Cty. Superior Ct., Div. II, 678 P.2d 1386 (Ariz. 1984). · cites it 2× “Was the state obligated to present evidence of Mauro's mental health history because the grand jury requested it? See A.R.S. § 21-412 (grand jury may request exculpatory evidence).”
State v. Jessen, 633 P.2d 410 (Ariz. 1981). · cites it 2× “; see A.R.S. § 21-412. Courts generally do not concern themselves with the evidence underlying a grand jury indictment.”
Maretick v. Jarrett, 62 P.3d 120 (Ariz. 2003). · cites it 2× “" Ariz.Rev.Stat. § 21-412 (2002); see also Crimmins, 137 Ariz.”
Franzi v. Superior Court of Arizona, 679 P.2d 1043 (Ariz. 1984). · cites it 2× “A.R.S. § 21-412 (grand jury may request exculpatory evidence).”
Herrell v. Sargeant, 944 P.2d 1241 (Ariz. 1997). · cites it 4× “DISCUSSION Statutory law provides that “grand jurors are under no duty to hear evidence at the request of the person under investigation, but may do so____ The grand jurors shall weigh all the evidence received by them and when they have reasonable ground to believe that other…”
Trinh v. Hon garcia/state, 486 P.3d 204 (Ariz. Ct. App. 2021). · cites it 30× “We accept jurisdiction but deny relief, holding that under A.R.S. § 21-412, when a defendant sends the State a letter setting forth his version of events and outlining potentially exculpatory evidence, the State must notify the grand jury of the letter so it may decide whether…”
Show all 26 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.