The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
13-4111 - Witness for defendant; grounds; application; issuance of commission; stay of trial
13-4111. Witness for defendant; grounds; application; issuance of commission; stay of trial
A. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness residing without the state examined in his behalf, as prescribed in this article, upon application to the court in which the action is pending, supported by an affidavit showing:
1. The nature of the offense.
2. The name of the witness.
3. That his testimony is material to the defense of the action.
4. That the witness resides without the state.
B. If the court is satisfied of the truth of the facts stated and that the examination of the witness is necessary to the attainment of justice, an order shall be made that a commission be issued to take his testimony.
C. The trial of the indictment or information may be stayed for a time reasonably sufficient for the execution and return of the commission.