reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4083 - Material witness; detention; release

13-4083.
Material witness;  detention;  release
A. If the court finds that a material witness wilfully failed to comply with a properly served subpoena or order to appear,  the court may authorize a law enforcement agency to detain the material witness until the witness can be brought before the court. A detained material witness must be brought before the court on the same or next court date.
B. A material witness who is detained may be kept in a physically separate section or be administratively segregated from any person who is charged with,  adjudicated delinquent for or convicted of a criminal offense. If the material witness is a juvenile,  the witness may be detained in a juvenile detention center or a jail pursuant to section 8-305.
C. If,  after the material witness is given an opportunity to be heard,  the court finds that a detained material witness is unlikely to comply with a future subpoena or order to appear,  the court may order a secured appearance bond or an unsecured appearance bond or may impose electronic monitoring until the material witness testifies. The court may also order the continued detention of the material witness and proceed pursuant to section 13-4084.
D. Following the completion of testimony or a deposition,  the court shall release the material witness from detention and from all obligations imposed by the court. The court may hold the release of any bond until the final disposition of any contempt proceedings.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4084 - Material witness deposition; time limits

13-4084.
Material witness deposition;  time limits
A. A detained material witness must either testify or be deposed within three days after the court's detention order pursuant to section 13-4083,  subsection C. The Arizona rules of criminal procedure shall govern any deposition taken pursuant to this section. The Arizona rules of evidence shall govern the use or admissibility of any deposition taken pursuant to this section.
B. If a material witness is not deposed within three days after a court's order pursuant to section 13-4083,  subsection C,  the material witness shall be released from detention.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4091 - Definitions

13-4091.
Definitions
In this article,  unless the context otherwise requires:
1. " Witness"  includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action,  prosecution or proceeding.
2. " State"  includes any territory of the United States and the District of Columbia.
3. " Summons"  includes a subpoena,  order or other notice requiring the appearance of a witness.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4092 - Summoning witness in this state to testify in another state

13-4092.
Summoning witness in this state to testify in another state
A. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court,  or that a grand jury investigation has commenced or is about to commence,  that a person being within this state is a material witness in such prosecution,  or grand jury investigation,  and that his presence will be required for a specified number of days,  upon presentation of such certificate to any judge of a court of record in the county in which such person is,  such judge shall fix a time and place for a hearing,  and shall make an order directing the witness to appear at a time and place certain for a hearing.
B. If at a hearing the judge determines that the witness is material and necessary,  that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state,  and that the laws of the state in which the prosecution is pending,  or grand jury investigation has commenced or is about to commence,  will give to him protection from arrest and the service of civil and criminal process,  he shall issue a summons,  with a copy of the certificate attached,  directing the witness to attend and testify in the court where the prosecution is pending,  or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
C. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state,  such judge may,  in lieu of notification of the hearing,  direct that such witness be forthwith brought before him for the hearing;  and the judge at the hearing being satisfied of the desirability of such custody and delivery,  for which determination the certificate shall be prima facie proof of such desirability may,  in lieu of issuing subpoena or summons,  order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
D. If the witness,  who is summoned as above provided,  after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he is required to travel and attend as a witness,  fails without good cause to attend and testify as directed in the summons,  he shall be punished in the manner provided for the punishment of a witness who disobeys a summons issued from a court of record in this state.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4093 - Witness from another state summoned to testify in this state

13-4093.
Witness from another state summoned to testify in this state
A. If a person in any state,  which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions,  or grand jury investigations commenced or about to commence,  in this state,  is a material witness in a prosecution pending in a court of record in this state,  or in a grand jury investigation which has commenced or is about to commence,  a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
B. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state,  such judge may direct that the witness be forthwith brought before him;  and the judge being satisfied of the desirability of such custody and delivery,  for which determination the certificate shall be prima facie proof,  may order that the witness be forthwith taken into custody and delivered to an officer of this state,  which order shall be sufficient authority to the officer to take the witness into custody and hold him unless and until he may be released by bail,  recognizance or order of the judge issuing the certificate.
C. If the witness is summoned to attend and testify in this state he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate,  unless otherwise ordered by the court. If such witness,  after coming into this state,  fails without good cause to attend and testify as directed in the summons,  he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4094 - Exemption from arrest and service of process

13-4094.
Exemption from arrest and service of process
A. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process,  civil or criminal,  in connection with matters which arose before his entrance into this state under the summons.
B. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom,  he shall not while so passing through this state be subject to arrest or the service of process,  civil or criminal,  in connection with matters which arose before his entrance into this state under the summons.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4102 - Grounds for examination; application

13-4102.
Grounds for examination;  application
A. When a material witness for defendant or the state is about to leave the state,  or is so sick or infirm as to afford reasonable grounds to believe that he will be unable to attend the trial,  defendant or the state may apply to the court for an order that the witness be examined conditionally.
B. The application shall be made upon affidavit stating:
1. The nature of the offense charged.
2. The name and residence of the witness.
3. That his testimony is material to the defense or prosecution of the action.
4. That the witness is about to leave the state or is so sick or infirm as to afford reasonable grounds to believe that he will not be able to attend the trial.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4103 - Order for examination; notice; proof of service

13-4103.
Order for examination;  notice;  proof of service
A. If the court is satisfied that the examination of the witness is necessary,  an order shall be made that the witness be examined conditionally at a specified time and place,  and that a copy of the order be served on the opposite party at least two days before the examination.
B. The order shall direct that the examination be taken before the clerk of the court,  the court reporter,  a magistrate or a notary public named therein,  and on proof of service upon the opposite party of a copy of the order,  though no counsel appears for the state,  the examination shall proceed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4104 - Attendance of witness; testimony; transmittal

13-4104.
Attendance of witness;  testimony;  transmittal
A. The attendance of the witness may be enforced by subpoena,  issued by the officer before whom the examination is to be taken.
B. The testimony given by the witness shall be reduced to writing and authenticated in the same manner as testimony of a witness taken as provided in taking testimony of witnesses at preliminary examinations.
C. The officer shall seal the deposition and transmit it to the clerk of the court in which the action is pending.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4105 - Use of deposition at trial; objection to testimony

13-4105.
Use of deposition at trial;  objection to testimony
The deposition may be read in evidence by either party on the trial,  when it appears that the witness is unable to attend,  by reason of death,  insanity,  sickness or infirmity,  or of his continued absence from the state,  and subject to the same objections to a question or answer therein as if the witness were examined in court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 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.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4112 - Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission

13-4112.
Interrogatories and cross-interrogatories;  notice;  service;  duty of court;  execution of commission
A. When the commission is ordered,  the defendant shall serve upon the county attorney,  without delay,  a copy of the commission and interrogatories,  with two days notice of the time when they will be presented to the court. The county attorney if he desires to present cross-interrogatories,  shall forthwith serve upon defendant or his counsel the cross-interrogatories,  which shall be annexed to the commission.
B. When the interrogatories and cross-interrogatories are presented to the court,  the court shall reframe the questions to conform them to the rules of evidence,  and shall endorse upon them his allowance and annex them to the commission.
C. Unless the parties otherwise consent by an endorsement upon the commission,  the court shall endorse thereon a direction as to the manner in which and by whom it shall be executed and returned,  and may direct that it be returned by mail or otherwise,  addressed to the clerk of the court in which the action is pending.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4113 - Duty of commissioner in executing commission; attachment of section to commission

13-4113.
Duty of commissioner in executing commission;  attachment of section to commission
A. The commissioner,  unless otherwise specially directed,  shall execute the commission as follows:
1. Publicly administer an oath to the witness that his answers given to the interrogatories shall be the truth,  the whole truth,  and nothing but the truth.
2. Cause the examination of the witness to be reduced to writing,  and subscribed by him.
3. Write the answers of the witness as nearly as possible in the language in which he gives them,  and read to him each answer as it is taken down,  and correct or add to it until it conforms to what he declares is the truth.
B. If the witness declines to answer a question,  that fact,  with the reason assigned by him for declining,  shall be stated. If any papers or documents are produced before him and proved by the witness,  they,  or copies of them,  shall be annexed to the deposition subscribed by the witness and certified by the commissioner.
C. The commissioner shall subscribe his name to each sheet of the deposition,  and annex the deposition,  with the papers and documents proved by the witness,  or copies thereof,  to the commission,  enclose it in an envelope under seal and address it as directed by the endorsement thereon. If there is a direction on the commission to return it by mail,  the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by written consent of the parties,  or by the court on the commission,  as to its return,  he shall comply with the directions.
D. A copy of this section shall be attached to the commission.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4114 - Receipt and filing of commission; inspection

13-4114.
Receipt and filing of commission;  inspection
A. The clerk or judge receiving the commission and return shall immediately open and file it in the office of the clerk of the court in which the indictment or information is pending.
B. If the commission and return is transmitted by mail,  the clerk to whom it is addressed shall receive it from the post office,  and open and file it in his office.
C. The commission and return shall at all times be open to inspection of the parties,  who shall be furnished by the clerk with copies of it or any part thereof on payment of his fees.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4115 - Use of deposition at trial; objection to testimony

13-4115.
Use of deposition at trial;  objection to testimony
The depositions taken under the commission may be read in evidence by either party on the trial upon it being shown that the witness is unable to attend from any cause whatever,  and subject to the same objections as if the witness were examined in court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4116 - Delivery of commission by agent; inability of agent to deliver

13-4116.
Delivery of commission by agent;  inability of agent to deliver
A. If the commission and return is delivered by the commissioner to an agent,  the agent shall deliver the commission to the clerk to whom it is directed or to the judge of the court in which the action is pending,  by whom it may be received upon the agent making affidavit that he received it from the commissioner,  and that it has not been opened or altered since he received it.
B. If the agent is dead,  or from sickness or other casualty,  is unable personally to deliver the commission and return,  it may be received by the clerk or judge from any other person,  upon such person making an affidavit that:
1. He received it from the agent,  that the agent is dead or from sickness or other casualty unable to deliver it.
2. It has not been opened or altered since the person making the affidavit received it.
3. He believes it has not been opened or altered since it came from the commissioner.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4122 - Application for writ

13-4122.
Application for writ
Application for the writ shall be made by verified petition,  signed either by the party for whose relief it is intended or by some person in his behalf,  and shall state that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty,  the place where,  and the officer or person by whom he is so confined or restrained,  naming all the parties,  if they are known,  or describing them if they are not known. If the imprisonment is alleged to be illegal,  the petition shall also state the particulars of the alleged illegality.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4123 - Granting of writ; remand of prisoner

13-4123.
Granting of writ;  remand of prisoner
A. The writ of habeas corpus may be granted:
1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof,  or before any superior court or any judge thereof.
2. By the superior court or a judge thereof,  in their respective counties.
B. If the writ is granted by a superior court or judge,  and after hearing thereof the prisoner has been remanded,  he shall not be discharged from custody by the same or any other superior court or judge,  unless upon some ground not existing at the time of issuing the prior writ,  or unless upon some point of law not raised at the hearing upon the return of the prior writ.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4124 - Granting writ; time; bail

13-4124.
Granting writ;  time;  bail
A. A court or judge authorized to grant a writ of habeas corpus,  to whom a petition therefor is presented,  if it appears that the writ ought to issue,  shall grant it without delay.
B. If the person by or upon whose behalf the application for the writ is made is detained upon a criminal charge,  the court or judge may admit him to bail if the offense is bailable,  pending determination of the proceeding.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4125 - Direction of writ

13-4125.
Direction of writ
The writ shall be directed to the person having custody of or restraining the person on whose behalf the petition is made,  and shall command him to have the body of such person before the court or judge before whom the writ is returnable,  at a time and place therein specified.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4126 - Delivery and service of writ

13-4126.
Delivery and service of writ
A. If the writ is directed to the sheriff or other officer of the court out of which the writ is issued,  it shall be delivered by the clerk to such officer without delay,  as other writs are delivered for service. If the writ is directed to any other officer or person,  the writ shall be delivered to the sheriff,  and shall be by him served upon such officer or person by delivering the writ to him without delay.
B. If the officer or person to whom the writ is directed cannot be found,  or refuses admittance of the officer or person serving or delivering the writ,  the writ may be served or delivered by leaving it at the residence of the officer or person to whom it is directed,  or by affixing it on some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4127 - Compelling obedience to writ

13-4127.
Compelling obedience to writ
If the officer or person to whom the writ is directed refuses,  after service thereof,  to obey it,  the court or judge shall,  upon affidavit,  issue an attachment against such person,  directed to the sheriff,  commanding him forthwith to apprehend the person,  and bring him immediately before such court or judge. Upon being brought before the court or judge,  such officer or person shall be committed to jail until he makes due return to the writ,  or is otherwise legally discharged.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4128 - Return to writ

13-4128.
Return to writ
A. The person upon whom the writ is served shall state in his return,  plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so,  by what authority,  and the cause of such imprisonment or restraint,  setting forth such authority and cause in detail.
B. If the party is restrained by virtue of any writ,  warrant or other written authority,  a copy thereof shall be annexed to the return,  and the original shall be produced and exhibited to the court or judge on the hearing of the return.
C. If the person upon whom the writ is served has had the party in his custody or under his power or restraint any time prior or subsequent to the date of the writ of habeas corpus,  but has transferred the custody or restraint to another,  the return shall state particularly at what time and place,  for what reason and by what authority the transfer was made.
D. The return shall be signed by the person making it,  and,  except when such person is a public officer who has taken the oath of office and makes the return in his official capacity,  it shall be verified by his oath or affirmation.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4129 - Production of prisoner; exception

13-4129.
Production of prisoner;  exception
A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before the court or judge according to the command of the writ.
B. When from sickness or infirmity of the person directed to be produced,  the person cannot without danger be brought before the court or judge,  the person in whose custody or power he is may state that fact in his return to the writ. If the court or judge is satisfied of the truth of the allegations of sickness or infirmity,  and the return to the writ is otherwise sufficient the court or judge may decide the matter on such return and dispose of the matter as if the party had been produced on the writ,  or the hearing thereof may be adjourned until the party can be produced.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4130 - Hearing on return

13-4130.
Hearing on return
A. The court or judge to whom the writ is returned shall,  immediately after the return thereof,  hear and examine the return,  and such other matters as may be properly submitted.
B. The petitioner may controvert the return,  or object to the sufficiency thereof,  or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to discharge. The court or judge shall thereupon hear the evidence,  and in a summary manner dispose of the party as justice may require.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4131 - Discharge of prisoner

13-4131.
Discharge of prisoner
A. If no legal cause is shown for the imprisonment or restraint,  or for continuation thereof,  the party shall be discharged from custody or restraint.
B. If the time during which the party may be legally detained in custody has not expired and he is detained in custody by virtue of process issued by any court,  judge or agency of the United States,  in an action where such court,  judge or agency has exclusive jurisdiction,  or by virtue of the final judgment or decree of any court of competent jurisdiction,  or of any process issued upon such judgment or decree,  the person shall not be discharged.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4132 - Discharge of prisoner held on process

13-4132.
Discharge of prisoner held on process
If it appears,  on the return of the writ,  that the prisoner is in custody by virtue of process from any court of this state,  or judge or officer thereof,  the prisoner shall be discharged in any one of the following cases subject to the restrictions of section 13-4131:
1. When the jurisdiction of the court or officer has been exceeded.
2. When the imprisonment was at first lawful,  but by some act,  omission or event,  which has taken place afterward,  the party has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law rendering the process void.
4. When the process,  though proper in form,  has been issued in a proceeding not authorized by law.
5. When the person having custody of the prisoner is not the person authorized by law to detain him.
6. Where the process is not authorized by a judgment,  order or decree of any court,  nor by any provision of law.
7. Where a party has been committed on a criminal charge without reasonable or probable cause.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4133 - Effect of defect in form

13-4133.
Effect of defect in form
If a person is committed or is in the custody of any officer on any charge by virtue of a warrant or commitment of a justice of the peace,  such person shall not be discharged from imprisonment or custody on the ground of a mere defect of form in the warrant or commitment.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4134 - Defective process or commitment; re-examination

13-4134.
Defective process or commitment;  re-examination
If it appears to the court or judge that the party is guilty of a criminal offense,  or should not be discharged,  the court or judge,  although the charge is defectively set forth in the process or warrant of commitment,  shall cause the witnesses to be subpoenaed to attend at the time ordered to testify before such court or judge. Upon the examination,  the court shall discharge the prisoner,  admit him to bail,  if the offense is bailable,  or recommit him to custody.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4135 - Writ to admit to bail

13-4135.
Writ to admit to bail
When a person is imprisoned or detained in custody on any criminal charge for want of bail,  such person shall be entitled to a writ of habeas corpus for the purpose of giving bail,  upon averring that fact in his petition and without alleging that he is illegally confined. The court or judge may take a recognizance from such person as in other cases and file the recognizance in the proper court without delay.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4136 - Remand of prisoner

13-4136.
Remand of prisoner
A. If a party brought before the court or judge on the return of the writ,  is not entitled to discharge or to bail,  the court or judge shall remand him to the custody or restraint from which he is taken,  if the person under whose custody or restraint he was is legally entitled thereto.
B. Where the party is held under illegal restraint or custody,  but any other person is entitled to the restraint or custody of such party,  he may be committed to the restraint or custody of the person who is by law entitled thereto.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4138 - Disobedience of writ for defect of form

13-4138.
Disobedience of writ for defect of form
No writ of habeas corpus shall be disobeyed for defect of form,  if it sufficiently appears therefrom who has custody of,  or who restrains the party imprisoned or restrained,  the officer or person detaining him,  and the court or judge before whom he is to be brought.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4139 - Finality of discharge; exceptions

13-4139.
Finality of discharge;  exceptions
A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned,  restrained or kept in custody for the same cause,  except:
1. If he was discharged from custody on a criminal charge,  and is afterwards committed for the same offense by legal order or process.
2. If,  after discharge for defect of proof,  or for any defect in process,  warrant or commitment,  the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4140 - Warrant for immediate production of person restrained or restraining; grounds

13-4140.
Warrant for immediate production of person restrained or restraining;  grounds
A. When it appears from a petition,  supported by satisfactory proof or affidavit,  presented to a court or judge authorized to grant a writ of habeas corpus,  that a person is illegally held in custody,  confinement or restraint,  and that there is good reason to believe that such person will be taken from the jurisdiction of the court or judge to whom the petition is made,  or that the person will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced,  the court or judge may cause a warrant to be issued reciting the facts,  and directed to the sheriff or any constable of the county,  commanding such officer to take the person thus held in custody,  confinement or restraint,  and forthwith bring him before the court or judge to be dealt with according to law.
B. The court or judge may also insert in the warrant a command for apprehension of the person charged with such illegal detention and restraint.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4141 - Execution of warrant; return and hearing

13-4141.
Execution of warrant;  return and hearing
A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant.
B. The person alleged to have such party under illegal confinement or restraint may make return to the warrant as in the case of a writ of habeas corpus,  and the same proceedings shall be had thereupon as upon a return to such writ.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4142 - Issuance, service and return of writ or process; time; manner; duty of clerk

13-4142.
Issuance,  service and return of writ or process;  time;  manner;  duty of clerk
A. Any writ or process authorized by this article may be issued and served on any day or at any time.
B. The writs,  processes,  warrants and subpoenas shall be issued by the clerk of the court,  and,  except subpoenas,  sealed with the seal of such court,  and shall be served and returned forthwith unless the court or judge specifies a particular time for the return. When the writs or processes are made returnable before a judge,  they shall be returned before him at the county seat and there heard and determined.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4144 - Form of writ

13-4144.
Form of writ
The writ of habeas corpus shall be substantially in the following form: " The state of Arizona - - To the sheriff of the county of ....... (or to 'A. B.'):
We command you that you have the body of C.D.,  by you imprisoned and detained,  as it is said,  together with the time and cause of such imprisonment and detention,  by whatsoever name the said C.D. shall be called or charged,  before (naming the court or judge) at .......,  on ........ (or immediately after the receipt of this writ),  to do and receive what shall then and there be considered concerning the said C.D. And have you then and there this writ. Witness,  etc."
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4145 - Disobedience of command of writ; classification

13-4145.
Disobedience of command of writ;  classification
An officer or person to whom a writ of habeas corpus is directed,  who,  after service thereof,  neglects or refuses to obey the command thereof,  or who,  either solely or as a member of a court,  knowingly and unlawfully recommits,  imprisons or restrains of his liberty,  for the same cause,  any person who has been discharged upon a writ of habeas corpus,  is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4147 - Avoidance of command of writ; classification

13-4147.
Avoidance of command of writ;  classification
A person having in his custody,  or under his restraint or power,  any person for whom a writ of habeas corpus has been issued,  who,  with intent to elude the service of such writ,  or to avoid the effect thereof,  transfers such person to the custody of another,  or places him under the power or control of another,  or conceals or changes the place of his confinement or restraint or removes him without the jurisdiction of the court or judge issuing the writ,  is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4201 - Definitions

13-4201.
Definitions
In this article,  unless the context otherwise requires:
1. " Accused"  means a person who has been arrested for a felony committed in the state of Arizona and either has been bound over for trial pursuant to a finding by a magistrate during a preliminary hearing of probable cause or has waived such a preliminary hearing or who has been lawfully indicted.
2. " Commission"  means the state industrial commission.
3. " Person"  means a person as defined in section 13-105 and includes a representative or assignee of such person.
4. " Victim"  means any person,  including the surviving dependent of a person,  who has suffered physical injury or pecuniary loss resulting from the crime of the accused.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4221 - Preservation of biological evidence; retention period; definitions

13-4221.
Preservation of biological evidence;  retention period;  definitions
A. Notwithstanding any other law,  the appropriate governmental entity shall retain all identified biological evidence that is secured in connection with a felony sexual offense or homicide for:
1. The period of time that a person who was convicted of a felony sexual offense or homicide remains incarcerated for that offense or until the completion of the person's supervised release.
2. A cold case,  fifty-five years or until a person is convicted of the crime and remains incarcerated or under supervised release for that offense.
B. The governmental entity shall preserve the evidence for the period of time prescribed in subsection A of this section in a condition that is suitable for deoxyribonucleic acid testing.
C. Evidence retained pursuant to this section shall be made available for deoxyribonucleic acid testing pursuant to section 13-4240.
D. The government entity that investigates the crime may establish procedures for retaining probative samples of the biological evidence and disposing of bulk evidence that do not affect the suitability of the probative sample for deoxyribonucleic acid testing. The government entity responsible for retaining the samples shall obtain approval from the county attorney or attorney general before disposal of any bulk evidence. Before the disposal of any bulk evidence,  reasonable efforts shall be made to provide written notice to the victim.
E. This section does not preclude a governmental entity from disposing of evidence in a case in which a conviction has been obtained after the expiration of the defendant's sentence. Under any other circumstance,  the governmental entity may dispose of physical evidence after the conclusion of the convicted defendant's direct appeal and first postconviction relief proceeding or after the time for initiating the direct appeal and first postconviction relief proceeding has expired,  with the agreement of the county attorney or the attorney general and then,  upon written notice to the defendant,  any counsel of record and the victim if no other law requires that biological evidence be preserved or retained.
F. This section does not limit a governmental entity's discretion concerning the conditions under which biological evidence is retained,  preserved or transferred among different entities if the evidence is retained in a condition that is suitable for deoxyribonucleic acid testing.
G. For the purposes of this section:
1. " Biological evidence"  includes a sexual assault forensic examination kit,  semen,  blood,  saliva,  hair,  skin tissue or other identified biological material.
2. " Cold case"  means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4231 - Scope of post-conviction relief

13-4231.
Scope of post-conviction relief
Subject to the limitations of section 13-4232,  any person who has been convicted of or sentenced for a criminal offense may,  without payment of any fee,  institute a proceeding to secure appropriate relief on any of the following grounds:
1. The conviction or the sentence was in violation of the Constitution of the United States or of this state.
2. The court was without jurisdiction to render judgment or to impose sentence.
3. The sentence imposed exceeded the maximum authorized by law or is otherwise not in accordance with the sentence authorized by law.
4. The person is being held in custody after his sentence has expired.
5. Newly discovered material facts probably exist and that the facts probably would have changed the verdict or sentence. Newly discovered material facts exist if:
(a) The newly discovered material facts were discovered after the trial.
(b) The defendant exercised due diligence in securing the newly discovered material facts.
(c) The newly discovered material facts are not merely cumulative or used solely for impeachment,  unless the impeachment evidence substantially undermines testimony which was of critical significance at trial such that the evidence probably would have changed the verdict or sentence.
6. The defendant's failure to appeal from the judgment or sentence,  or both,  within the prescribed time was without fault on his part.
7. There has been a significant change in the law that if determined to apply to the defendant's case would probably overturn the defendant's conviction or sentence.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4232 - Preclusion of post-conviction relief; exceptions; proof

13-4232.
Preclusion of post-conviction relief;  exceptions;  proof
A. A defendant is precluded from relief under this article based on any ground:
1. Still raisable on direct appeal or on a post-trial motion.
2. Finally adjudicated on the merits on appeal or in any previous collateral proceeding.
3. That was waived at trial,  on appeal or in any previous collateral proceeding.
B. This section does not apply to claims for relief pursuant to section 13-4231,  paragraph 4,  5,  6 or 7. If a claim under section 13-4231,  paragraph 4,  5,  6 or 7 is to be raised in a successive or untimely petition,  the notice shall set forth the substance of the claim and the reasons for not raising the claim in the previous petition or in a timely manner. If the notice does not state meritorious reasons substantiating the claim and why the claim was not stated in the previous petition or in a timely manner,  the proceeding shall be summarily dismissed.
C. Except for summary dismissals pursuant to subsection B of this section,  the state shall plead and prove any ground of preclusion by a preponderance of the evidence. Though the state has the burden to plead and prove grounds of preclusion,  any court on review of the record may determine and hold that an issue is precluded regardless of the state's failure to raise the preclusion issue.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4233 - Nature of proceeding and relation to other remedies

13-4233.
Nature of proceeding and relation to other remedies
A proceeding pursuant to this article is a part of the original criminal action and not a separate action. It displaces and incorporates all trial court post-trial remedies except post-trial motions and habeas corpus. If a defendant applies for a writ of habeas corpus in a court having jurisdiction of his person attacking the validity of his conviction or sentence,  that court pursuant to this article shall transfer the cause to the court where the defendant was convicted or sentenced and that court shall treat it as a petition for relief under this article and the procedures of this article apply.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4234.01 - Post-conviction relief proceedings; request for extension; victim notification

13-4234.01.
Post-conviction relief proceedings;  request for extension;  victim notification
A. In any post-conviction relief proceeding in a capital case in which an extension of the time to file a brief is requested,  the victim,  after filing a notice of appearance,  has a right to respond to the request for extension within ten days after the filing of the request.
B. On the filing of a notice of appearance,  the victim shall serve a copy on the state and the defendant.
C. The victim may exercise the right to respond through the state.
D. The party that requests the extension shall provide notice of the request to the victim in a manner prescribed by the court.
E. This section does not provide any party or the victim with a right to oral argument.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4235 - Contents of petition

13-4235.
Contents of petition
The defendant shall include every ground known to the defendant for vacating,  reducing,  correcting or otherwise changing all judgments or sentences imposed and shall verify under oath that the petition contains all such grounds. Facts within the defendant's personal knowledge shall be noted separately from other allegations of fact and shall be under oath. Affidavits,  records or other evidence currently available to the defendant supporting the allegations of the petition shall be attached to it. Legal citations and memoranda of points and authorities are required. Petitions which are incomplete shall be returned by the court to the defendant for completion. If the court does not receive the completed petition within thirty days after the defendant receives the incomplete petition,  the court shall dismiss the proceeding with prejudice.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4236 - Additional pleadings; summary disposition; amendments

13-4236.
Additional pleadings;  summary disposition;  amendments
A. Forty-five days after the filing of the petition,  the state shall file with the court a response. Affidavits,  the record and other evidence that are available to the state and that contradict the allegations of the petition shall be attached to the response. On a showing of good cause,  the state may be granted a thirty day extension in which to file a response. Additional extensions shall be granted only in extraordinary circumstances.
B. Within fifteen days after receipt of the response,  the defendant may file a reply. Extensions shall be granted only in extraordinary circumstances.
C. The court shall review the petition within twenty days after the defendant's reply is due. On reviewing the petition,  response,  reply,  files and records,  and disregarding defects of form,  the court shall identify all procedurally precluded claims under this article. If after identifying all precluded claims the court determines that no material issue of fact or law exists which would entitle the defendant to relief under this article and that no purpose would be served by any further proceedings,  the court shall order the petition dismissed. If the court does not order the petition dismissed,  the court shall set a hearing within thirty days on those claims that present a material issue of fact or law. If a hearing is ordered,  the state shall notify the victim on request of the time and place of the hearing.
D. After the filing of a post-conviction relief petition,  amendments are not permitted except by leave of the court on a showing of extraordinary circumstances.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4238 - Evidentiary hearing

13-4238.
Evidentiary hearing
A. The defendant is entitled to a hearing to determine issues of material fact,  with the right to be present and to subpoena witnesses. If facilities are available,  the court may,  in its discretion,  order the hearing to be held at the place of confinement,  giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.
B. The rules of evidence applicable in criminal proceedings shall apply,  except that the defendant may be called to testify at the hearing.
C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven,  the state has the burden of proving that the defect was harmless beyond a reasonable doubt.
D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant,  it shall enter an appropriate order with respect to the conviction,  sentence or detention,  any further proceedings,  including a new trial and conditions of release,  and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented.