a.Incarcerated Defendants. When the defendant is incarcerated in jail and does not waive the right to appear, the deposition of a witness shall be noticed and held either at the jail or within the courthouse.b.Disclosure of Wiretapping and Eavesdropping. Where the state has obtained evidence, information, or recorded material pursuant to an ex parte order for wiretapping and eavesdropping (A.R.S. § 13-3010 ), the state may comply with Rule 15.1(b)(1), Arizona Rules of Criminal Procedure, by application to the court for an appropriate order that all such matters sealed or locked in the Office of the Clerk of the Superior Court be made available to defense counsel for inspection and copying. The original tape recording obtained through wiretapping or eavesdropping orders may only be released for duplication or inspection by court order.Amended July 7, 1983, effective 9/7/1983; 3/21/1989, effective 5/1/1989. Renumbered from Rule 4.9 and amended June 12, 2013, effective 7/1/2013.HISTORICAL NOTES
Former Rule 4.4, which related to release, was deleted June 12, 2013, effective July 1, 2013.