Rule 137 - Evidence, Witnesses, Subpoenas, and Interpretersa.Evidence and witnesses. The Arizona Rules of Evidence will determine the admissibility of a witness's testimony and the admissibility of other evidence. A witness is a person, including a party, who provides sworn testimony during a lawsuit. A witness may be sworn with a solemn affirmation rather than an oath. The testimony of a witness at trial must be presented in person or by deposition, unless the parties agree otherwise or as the judge allows for a good reason. [ARCP 43(a), (b), (f)] b.Subpoena ("requiring a witness to appear"). A party may obtain a subpoena from the court where the lawsuit is pending that requires a witness to appear and to testify at a trial or at a deposition, or to produce documents at a designated time and place. A subpoena must be the same as the form that is available under Rule 148(b). Procedures concerning subpoenas, including objections to a subpoena, are specified in that form and those procedures are included in this rule by reference. A subpoena must be served on the person named in the subpoena. A party may request the court to issue a blank subpoena, and the party must complete the subpoena before serving it. The subpoena may be served by anyone who is not a party and who is at least eighteen years old. The person who serves a subpoena that requires a person to appear at a trial or at a deposition must also give to the person who is served a fee for one day's attendance at the trial or deposition, and for mileage expense as allowed by law. A person served with a subpoena that requires the person to produce documents does not need to appear and testify if the documents identified in the subpoena are provided to the requesting party on or before the date specified in the subpoena. [ARCP 45] c.Interpreters. Interpreters are available under the particular court's language access plan, and as provided by law. [ARCP 43(c)] Just. Ct. R. Civ. proc. 137
Adopted Aug. 30, 2012, effective 1/1/2013.