Rule 124 - Hazardous Evidence(a) Hazardous Evidence. Hazardous evidence is not permitted inside the courtroom, except as provided in this rule. For the purposes of this rule, "hazardous evidence" means any physical evidence that a party seeks to bring into the courtroom that may create a substantial and serious risk of harm if ingested or absorbed, or if otherwise determined by the court to create a substantial and serious risk of harm.(1)Presence of Hazardous Evidence in the Courtroom Upon Court Order. A party seeking to have hazardous evidence permitted in the courtroom must file a written motion. The court may order that hazardous evidence be permitted in the courtroom only if the court finds that the petitioning party has demonstrated that the need for the physical evidence substantially outweighs the potential health risks associated with its presence in the courtroom. In making the determination, the court must take into consideration all relevant factors, including: (A) the rights of the parties; and(B) the sufficiency and effectiveness of presenting digital representations of hazardous evidence in lieu of the hazardous evidence.(2)Admitted Hazardous Evidence. If the court orders that hazardous evidence is permitted in the courtroom under (1) and a motion is made to admit such evidence, any order granting admission of the hazardous evidence must provide that a digital representation of the evidence is admitted in lieu of the hazardous evidence. At no time may the jury take custody of the hazardous evidence, but the jury is permitted to view hazardous evidence in the courtroom.(3)Clerk of Court. Hazardous evidence may not be accepted by or be in the possession of a clerk of the court.(4)Retention of Hazardous Evidence. Hazardous evidence must be retained by the custodian of the evidence during the pendency of the case, any post-verdict proceedings, and appeals. All evidence tags issued by the clerk, other identifying markings, and packaging must remain in place and not be disturbed.Abrogated and Reserved, eff. 1/1/2012; amended Aug. 24, 2023, effective 1/1/2024.HISTORICAL AND STATUTORY NOTES
Comment to 2012 Amendment
The current language of Rule 124 has been deleted because it has become obsolete. Pending the adoption of a new Rule 124, electronic filing, delivery and service of documents shall be governed by Supreme Court administrative order(s), which may be found at the Supreme Court's website: http://www.azcourts.gov/.