reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2211 - Attendance of witnesses; punishment for failure to appear or testify

12-2211.
Attendance of witnesses;  punishment for failure to appear or testify
A. A witness summoned in an action shall attend the court from day to day until discharged by the court or,  with the court's permission,  by the party summoning him.
B. A witness summoned who fails to appear may be punished for contempt of court,  and a warrant for the arrest of such witness may be issued to compel his attendance.
C. A witness summoned or otherwise in attendance who refuses to testify may be committed to the county jail until he consents to testify or until discharged as provided by law.
D. No punishment for contempt shall be imposed upon a witness,  nor shall a warrant for his arrest be issued until it appears that the lawful fees have been paid or tendered to the witness.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2212 - Subpoena by public officer; contempt

12-2212.
Subpoena by public officer;  contempt
A. When a public officer is authorized by law to take evidence,  he may issue subpoenas,  compel attendance of witnesses and production of documentary evidence,  administer oaths to witnesses,  and cause depositions to be taken,  in like manner as in civil actions in the superior court.
B. If a witness fails to appear at the time and place designated in the subpoena,  or fails to answer questions relating to the matter about which the officer is authorized to take testimony,  or fails to produce a document,  the officer may,  by affidavit setting forth the facts,  apply to the superior court of the county where the hearing is held,  and the court shall thereupon proceed as though such failure had occurred in an action pending before it.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2213 - Privilege from arrest; exceptions

12-2213.
Privilege from arrest;  exceptions
A witness shall be privileged from arrest,  except for treason,  felony and breach of the peace,  during his attendance at court,  and in going to and returning therefrom,  allowing one day for each twenty-five miles from his place of abode.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2214 - Requirements for subpoena of media witnesses

12-2214.
Requirements for subpoena of media witnesses
A. A subpoena for the attendance of a witness or for production of documentary evidence issued in a civil or criminal proceeding and directed to a person engaged in gathering,  reporting,  writing,  editing,  publishing or broadcasting news to the public,  and which relates to matters within these news activities,  shall have attached to it an affidavit of a person with a direct interest in the matters sought which states all of the following:
1. Each item of documentary and evidentiary information sought from the person subpoenaed.
2. That the affiant or his representative has attempted to obtain each item of information from all other available sources,  specifying which items the affiant has been unable to obtain.
3. The identity of the other sources from which the affiant or his representative has attempted to obtain the information.
4. That the information sought is relevant and material to the affiant's cause of action or defense.
5. That the information sought is not protected by any lawful privilege.
6. That the subpoena is not intended to interfere with the gathering,  writing,  editing,  publishing,  broadcasting and disseminating of news to the public as protected by the first amendment,  Constitution of the United States,  or by article II,  section 6,  Constitution of Arizona.
B. A subpoena served on a person described in subsection A without the required affidavit attached to it has no effect.
C. If the affidavit is controverted or a motion to quash the subpoena or for a protective order is filed by the person subpoenaed,  the command of the subpoena shall be postponed until a hearing is held and an order is entered by the court. After the hearing the command of the subpoena shall be carried out in accordance with the order of the court.
D. This section does not apply to a subpoena for the attendance of a witness or the production of documentary evidence issued by or on behalf of a grand jury or a magistrate during an investigative criminal proceeding.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2221 - Manner of administering oath or affirmation; persons authorized to administer

12-2221.
Manner of administering oath or affirmation;  persons authorized to administer
A. An oath or affirmation shall be administered in a manner which will best awaken the conscience and impress the mind of the person taking the oath or affirmation,  and it shall be taken upon the penalty of perjury.
B. The oath or affirmation may be administered by any judge,  clerk or deputy clerk of any court of record,  justice of the peace,  notary public,  referee or commissioner of a court of record.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2222 - Officers authorized to administer oaths

12-2222.
Officers authorized to administer oaths
Every executive and judicial officer,  clerk or deputy clerk of courts of record,  those clerks of a justice or municipal court as authorized by the court and all notaries public may administer and certify oaths required to be administered or taken under any law of this state. Other officers or deputies may administer oaths which pertain to the duties of their office.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2223 - Persons authorized to administer oath or affirmation within or without United States

12-2223.
Persons authorized to administer oath or affirmation within or without United States
A. An oath or affirmation when taken without this state,  but within the United States,  may be taken before any judge,  commissioner or clerk of a court of record having a seal,  master in chancery,  notary public authorized to administer oaths and affirmations by the law of the state wherein such oaths and affirmations may be taken. If the oath or affirmation purports to have been taken before any such officer,  and has his seal of office affixed,  such oath or affidavit may be used within this state as though taken before a like officer within this state.
B. An oath or affirmation taken without the United States may be taken before any ambassador,  minister,  charge d'affairs,  consul,  deputy consul,  vice-consul or consular agent of the United States resident and officiating as such in the country where taken,  or before any notary public of the country where taken whose official authority is authenticated under the seal of any ambassador,  minister,  charge d'affairs,  consul,  deputy consul,  vice-consul or consular agent.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2231 - Husband and wife; anti-marital fact

12-2231.
Husband and wife;  anti-marital fact
In a civil action a husband shall not be examined for or against his wife without her consent,  nor a wife for or against her husband without his consent,  except as provided in section 12-2232.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2232 - Husband and wife; privileged communications; permissible examination

12-2232.
Husband and wife;  privileged communications;  permissible examination
A. A husband or wife,  during the marriage or afterward,  without the consent of the other,  shall not be examined as to any communications made by one to the other during the marriage,  except:
1. In an action for divorce or a civil action by one against the other.
2. In a criminal action or proceeding as provided in the criminal code.
3. In an action for damages against another person for adultery committed by either husband or wife.
B. In a hearing conducted pursuant to title 36,  chapter 5,  a husband or wife,  during the marriage or afterward,  without the consent of the other,  may be examined as to any communications,  physical acts or behaviors made by one to the other during the marriage that relate to the matters at issue in the hearing.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2233 - Clergyman or priest and penitent

12-2233.
Clergyman or priest and penitent
In a civil action a clergyman or priest shall not,  without the consent of the person making a confession,  be examined as to any confession made to him in his character as clergyman or priest in the course of discipline enjoined by the church to which he belongs.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2234 - Attorney and client

12-2234.
Attorney and client
A. In a civil action an attorney shall not,  without the consent of his client,  be examined as to any communication made by the client to him,  or his advice given thereon in the course of professional employment. An attorney's paralegal,  assistant,  secretary,  stenographer or clerk shall not,  without the consent of his employer,  be examined concerning any fact the knowledge of which was acquired in such capacity.
B. For purposes of subsection A,  any communication is privileged between an attorney for a corporation,  governmental entity,  partnership,  business,  association or other similar entity or an employer and any employee,  agent or member of the entity or employer regarding acts or omissions of or information obtained from the employee,  agent or member if the communication is either:
1. For the purpose of providing legal advice to the entity or employer or to the employee,  agent or member.
2. For the purpose of obtaining information in order to provide legal advice to the entity or employer or to the employee,  agent or member.
C. The privilege defined in this section shall not be construed to allow the employee to be relieved of a duty to disclose the facts solely because they have been communicated to an attorney.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2235 - Doctor and patient

12-2235.
Doctor and patient
In a civil action a physician or surgeon shall not,  without the consent of his patient,  or the conservator or guardian of the patient,  be examined as to any communication made by his patient with reference to any physical or mental disease or disorder or supposed physical or mental disease or disorder or as to any such knowledge obtained by personal examination of the patient.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2236 - Waiver of privilege as to attorney or doctor

12-2236.
Waiver of privilege as to attorney or doctor
A person who offers himself as a witness and voluntarily testifies with reference to the communications referred to in sections 12-2234 and 12-2235 thereby consents to the examination of such attorney,  physician or surgeon.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2237 - Reporter and informant

12-2237.
Reporter and informant
A person engaged in newspaper,  radio,  television or reportorial work,  or connected with or employed by a newspaper,  radio or television station,  shall not be compelled to testify or disclose in a legal proceeding or trial or any proceeding whatever,  or before any jury,  inquisitorial body or commission,  or before a committee of the legislature,  or elsewhere,  the source of information procured or obtained by him for publication in a newspaper or for broadcasting over a radio or television station with which he was associated or by which he is employed.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2239 - Domestic violence victim advocate; privilege; training; exception; definition

12-2239.
Domestic violence victim advocate;  privilege;  training;  exception;  definition
A. In a civil action,  a domestic violence victim advocate shall not be examined as to any communication made by the domestic violence victim to the domestic violence victim advocate.
B. This section does not apply to a civil action brought pursuant to title 36,  chapter 37,  relating to the civil commitment of sexually violent persons.
C. Unless the domestic violence shelter or service provider has immunity under other provisions of law,  the communication is not privileged if the victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of domestic violence.
D. The domestic violence victim advocate-victim privilege does not extend to cases in which the domestic violence victim advocate has a duty to report nonaccidental injuries and physical neglect of minors as required by section 13-3620.
E. A party to an action may make a motion for disclosure of privileged information under this section and,  if the court finds reasonable cause,  the court shall hold a hearing in camera as to whether the privilege should apply.
F. To qualify for the privilege prescribed in this section,  a domestic violence victim advocate must have at least thirty hours of training in assisting victims of domestic violence. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13-3620.
G. A domestic violence victim advocate who is a volunteer shall perform all activities under qualified supervision.
H. The training prescribed in subsection F may be provided by the shelter or service provider or by an outside agency that issues a certificate of completion. The records custodian of the shelter or service provider must maintain the training documents.
I. For the purposes of this section,  " domestic violence victim advocate"  means a person who is an employee or volunteer at a domestic violence shelter or service provider for victims of domestic violence and who meets the training requirements of this section.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2240 - Sexual assault victim advocate; privilege; exception; training; supervision; definition

12-2240.
Sexual assault victim advocate;  privilege;  exception;  training;  supervision;  definition
A. In a civil action,  a sexual assault victim advocate shall not be examined as to any communication made by the sexual assault victim to the sexual assault victim advocate.
B. This section does not apply to:
1. A civil action brought pursuant to title 36,  chapter 37,  relating to the civil commitment of sexually violent persons.
2. A sexual assault victim advocate's duty to report pursuant to section 13-3620.
C. Unless the sexual assault program or service provider has immunity under other provisions of law,  the communication is not privileged if the sexual assault victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of sexual assault.
D. A party to an action may make a motion for disclosure of privileged information under this section and,  if the court finds reasonable cause,  the court shall hold a hearing in camera as to whether the privilege should apply.
E. To qualify for the privilege prescribed in this section,  a sexual assault victim advocate must have at least thirty hours of training in assisting victims of sexual assault. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13-3620. The training may be provided by the sexual assault program or service provider or by an outside agency that issues a certificate of completion. The records custodian of the sexual assault program or service provider must maintain the training documents.
F. A sexual assault victim advocate who is a volunteer shall perform all activities under qualified supervision.
G. For the purposes of this section,  " sexual assault victim advocate"  means a person who is an employee of or volunteer at a sexual assault program or service provider for victims of sexual assault and who meets the training requirements of this section.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2251 - Limitations on testimony in actions by or against personal representatives, administrators, guardians or conservators

12-2251.
Limitations on testimony in actions by or against personal representatives,  administrators,  guardians or conservators
In an action by or against personal representatives,  administrators,  guardians or conservators in which judgment may be given for or against them as such,  neither party shall be allowed to testify against the other as to any transaction with or statement by the testator,  intestate or ward unless called to testify thereto by the opposite party,  or required to testify thereto by the court. The provisions of this section shall extend to and include all actions by or against the heirs,  devisees,  legatees or legal representatives of a decedent arising out of any transaction with the decedent.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2261 - Instruments which may be acknowledged; receipt of acknowledged instruments in evidence

12-2261.
Instruments which may be acknowledged;  receipt of acknowledged instruments in evidence
Every written instrument,  except promissory notes,  bills of exchange,  and the last wills of deceased persons,  may be acknowledged as deeds are required to be acknowledged,  and when so acknowledged shall be received in evidence without further proof of execution.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2263 - Admissibility in evidence of certified copies of documents on file with state and county officers

12-2263.
Admissibility in evidence of certified copies of documents on file with state and county officers
Certified copies,  under the hands and official seals,  if there are official seals,  by all state and county officers of all documents properly on file with such officers,  shall be received in evidence as the originals might be received.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2264 - Evidentiary value of birth and death certificates

12-2264.
Evidentiary value of birth and death certificates
A birth,  death or fetal death certificate is prima facie evidence of the facts therein stated,  but if an alleged father of a child is not the husband of the mother,  the certificate shall not be prima facie evidence of paternity if that fact is controverted by the alleged father.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2265 - Marriage certificate as prima facie evidence of marriage; other evidence competent to prove marriage

12-2265.
Marriage certificate as prima facie evidence of marriage;  other evidence competent to prove marriage
A certificate of marriage executed in accordance with the laws of this state or a foreign state or country,  or the record thereof,  or a certified copy of such record shall be prima facie evidence of the facts therein stated in any proceeding,  civil or criminal,  in which the matter is in question. When the marriage is to be proved,  evidence of the admission of such fact by the adverse party,  or evidence of general repute,  or evidence of cohabitation as married persons,  or other evidence from which the fact may be inferred,  is competent.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2266 - Certificate of purchase, location or receiver's receipt as prima facie evidence of right to possession

12-2266.
Certificate of purchase,  location or receiver's receipt as prima facie evidence of right to possession
A certificate of purchase or a certificate of location or a duplicate receiver's receipt for land situated in this state,  issued or made pursuant to any law of the United States or of this state,  is prima facie evidence that the holder or assignee of such certificate or receipt is the owner of and entitled to possession of the land described therein as against every other person except the United States.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2291 - Definitions

12-2291.
Definitions
In this article,  unless the context otherwise requires:
1. " Clinical laboratory"  has the same meaning prescribed in section 36-451.
2. " Contractor"  means an agency or service that duplicates medical records on behalf of health care providers.
3. " Department"  means the department of health services.
4. " Health care decision maker"  means an individual who is authorized to make health care treatment decisions for the patient,  including a parent of a minor or an individual who is authorized pursuant to section 8-514.05,  title 14,  chapter 5,  article 2 or 3 or section 36-3221,  36-3231 or 36-3281.
5. " Health care provider"  means:
(a) A person who is licensed pursuant to title 32 and who maintains medical records.
(b) A health care institution as defined in section 36-401.
(c) An ambulance service as defined in section 36-2201.
(d) A health care services organization licensed pursuant to title 20,  chapter 4,  article 9.
6. " Medical records"  means all communications related to a patient's physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment,  including medical records that are prepared by a health care provider or by other providers. Medical records do not include materials that are prepared in connection with utilization review,  peer review or quality assurance activities,  including records that a health care provider prepares pursuant to section 36-441,  36-445,  36-2402 or 36-2917. Medical records do not include recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity,  but include communications that are recorded in any form or medium between emergency medical personnel and medical personnel concerning the diagnosis or treatment of a person.
7. " Payment records"  means all communications related to payment for a patient's health care that contain individually identifiable information.
8. " Source data"  means information that is summarized,  interpreted or reported in the medical record,  including x-rays and other diagnostic images.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2292 - Confidentiality of medical records and payment records

12-2292.
Confidentiality of medical records and payment records
A. Unless otherwise provided by law,  all medical records and payment records,  and the information contained in medical records and payment records,  are privileged and confidential. A health care provider may only disclose that part or all of a patient's medical records and payment records as authorized by state or federal law or written authorization signed by the patient or the patient's health care decision maker.
B. This article does not limit the effect of any other federal or state law governing the confidentiality of medical records and payment records.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2293 - Release of medical records and payment records to patients and health care decision makers; definition

12-2293.
Release of medical records and payment records to patients and health care decision makers;  definition
A. Except as provided in subsections B and C of this section,  on the written request of a patient or the patient's health care decision maker for access to or copies of the patient's medical records and payment records,  the health care provider in possession of the record shall provide access to or copies of the records to the patient or the patient's health care decision maker.
B. A health care provider may deny a request for access to or copies of medical records or payment records if a health professional determines that either:
1. Access by the patient is reasonably likely to endanger the life or physical safety of the patient or another person.
2. The records make reference to a person other than a health professional and access by the patient or the patient's health care decision maker is reasonably likely to cause substantial harm to that other person.
3. Access by the patient's health care decision maker is reasonably likely to cause substantial harm to the patient or another person.
4. Access by the patient or the patient's health care decision maker would reveal information obtained under a promise of confidentiality with someone other than a health professional and access would be reasonably likely to reveal the source of the information.
C. A health care provider may deny a request for access to or copies of medical records or payment records if the health care provider determines that either:
1. The information was created or obtained in the course of clinical research and the patient or the patient's health care decision maker agreed to the denial of access when consenting to participate in the research and was informed that the right of access will be reinstated on completion of the research.
2. A health care provider is a correctional institution or is acting under the direction of a correctional institution and access by a patient who is an inmate in the correctional institution would jeopardize the health,  safety,  security,  custody or rehabilitation of the patient or other inmates or the safety of any officer,  employee or other person at the correctional institution or of a person who is responsible for transporting the inmate.
D. If the health care provider denies a request for access to or copies of the medical records or payment records,  the health care provider must note this determination in the patient's records and provide to the patient or the patient's health care decision maker a written explanation of the reason for the denial of access. The health care provider must release the medical records or payment records information for which there is not a basis to deny access under subsection B of this section.
E. For the purposes of this section,  " health professional"  has the same meaning prescribed in section 32-3201.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2295 - Charges

12-2295.
Charges
A. Except as otherwise provided by law,  a health care provider or contractor may charge a person who requests reproductions of medical records or payment records a reasonable fee for the reproduction of the records pursuant to this section. Except as necessary for continuity of care,  a health care provider or contractor may require the payment of any fees in advance.
B. A health care provider or contractor shall not charge for the pertinent information contained in medical records provided to:
1. Another health care provider for the purpose of providing continuing care to the patient to whom the medical record pertains.
2. The patient to whom the medical record pertains for the demonstrated purpose of obtaining health care.
3. The health care decision maker of the patient to whom the medical record pertains for the demonstrated purpose of obtaining health care for the patient.
4. The Arizona medical board,  the Arizona board of osteopathic examiners in medicine and surgery or an officer of the department of health services or the local health department requesting records pursuant to section 36-662.
5. The patient or the patient's legal representative for the purpose of appealing a denial of benefits under the social security act. Any additional request for medical records and a request for medical records that were previously provided free of charge in the same calendar year are subject to a reasonable fee pursuant to subsection A of this section,  except that a fee may not be charged if no medical records are located in response to the request. A legal representative must provide an appointment of representative form SSA-1696 before obtaining a patient's medical records free of charge.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2296 - Immunity

12-2296.
Immunity
A health care provider,  contractor or clinical laboratory that acts in good faith under this article is not liable for damages in any civil action for the disclosure of medical records,  payment records or clinical laboratory results or information contained in medical records,  payment records or clinical laboratory results that is made pursuant to this article or as otherwise provided by law. The health care provider,  contractor or clinical laboratory is presumed to have acted in good faith. The presumption may be rebutted by clear and convincing evidence.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2297 - Retention of records

12-2297.
Retention of records
A. Unless otherwise required by statute or by federal law,  a health care provider shall retain the original or copies of a patient's medical records as follows:
1. If the patient is an adult,  for at least six years after the last date the adult patient received medical or health care services from that provider.
2. If the patient is a child,  either for at least three years after the child's eighteenth birthday or for at least six years after the last date the child received medical or health care services from that provider,  whichever date occurs later.
3. Source data may be maintained separately from the medical record and must be retained for six years from the date of collection of the source data.
B. When a health care provider retires or sells the provider's practice the provider shall take reasonable measures to ensure that the provider's records are retained pursuant to this section.
C. A person who is licensed pursuant to title 32 as an employee of a health care provider is not responsible for storing or retaining medical records but shall compile and record the records in the customary manner.
D. A nursing care institution as defined in section 36-401 shall retain patient records for six years after the date of the patient's discharge. For a minor,  the nursing care institution shall retain the records for three years after the patient reaches eighteen years of age or for six years after the date of the patient's discharge,  whichever date occurs last.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2301 - Definitions

12-2301.
Definitions
In this article,  unless the context otherwise requires:
1. " Advance payment"  means any money or other thing of value voluntarily paid or provided before trial,  as compensation or reimbursement for damages,  to or for the benefit of any person having or asserting a claim for damages for personal injuries or for wrongful death or for damage or destruction of property against the person by whom or on whose behalf such payment is made.
2. " Defendant"  means any party defending against a claim asserted against him by another party to an action.
3. " Plaintiff"  means any party asserting a claim for damages against another party to an action.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2302 - Admissibility of evidence of advance payment

12-2302.
Admissibility of evidence of advance payment
A. During trial of any action brought for damages for personal injuries or for wrongful death or for damage or destruction of property,  evidence of an advance payment made by a defendant or any person acting on behalf of a defendant to or for the benefit of any person having or asserting a claim for such damages against such defendant,  arising from the same event or occurrence out of which the claim,  which is the subject of such action arose,  shall not be received in evidence.
B. If judgment is entered against a defendant by whom or on whose behalf an advance payment has been made and in favor of a plaintiff to whom or for whose benefit an advance payment has been made,  such defendant shall be entitled to a reduction of the amount of damages awarded to such plaintiff equal to the amount or value of such advance payments as may be found by the court to have been made. However,  in no event shall a person who has made such advance payments be entitled to reimbursement for amount paid in excess of the damages awarded to such plaintiff or in the event such plaintiff fails to recover judgment in his favor.
C. An advance payment shall not operate to toll or extend the period of limitation otherwise applicable to any such action.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2311 - Definition of silent witness or crime stopper program

12-2311.
Definition of silent witness or crime stopper program
In this article,  unless the context otherwise requires,  " silent witness or crime stopper program"  means a program which meets each of the following requirements:
1. The purpose of the program is to obtain information on wanted persons,  felony crimes and other criminal activity.
2. The program forwards the information to the appropriate law enforcement agency.
3. The program expends program monies to provide rewards for information received pursuant to the program.
4. The program allows the person submitting a report to remain anonymous.
5. The program operates in conjunction with a certified law enforcement agency or county attorney's office.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2312 - Admissibility of silent witness or crime stopper program records

12-2312.
Admissibility of silent witness or crime stopper program records
A record of a communication between a person submitting a report of criminal activity to a silent witness,  crime stopper or operation game thief program administered by a police department,  sheriff's department,  county attorney's office or the game and fish department and the person who accepted the report on behalf of the silent witness program is not a public record.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2321 - Definitions

12-2321.
Definitions
In this article,  unless the context otherwise requires:
1. " Actual harm"  means damage,  loss or injury.
2. " Audit report"  means an audit report,  prepared by an organization,  as prescribed by section 12-2322.
3. " Health or safety law"  means a federal,  state or local statute,  rule,  regulation or ordinance,  or a permit issued under a federal,  state or local statute,  rule,  regulation or ordinance,  that relates to occupational health,  health or safety.
4. " Organization"  means a public or private company,  corporation,  political subdivision organized under title 48 of this code,  firm,  enterprise or institution,  or any part or combination of these entities,  whether incorporated or not,  that has its own functions and administration. If an organization has more than one operating unit,  a single operating unit may be an organization.
5. " Person"  means an individual,  employee,  officer,  managing body,  trust,  firm,  joint stock company,  consortium,  public or private corporation,  including a government corporation,  partnership,  association,  state,  political subdivision of this state or commission or the United States government,  a federal facility,  an interstate body or any other entity.
6. " Regulated facility or operation"  means a facility or operation that is regulated under a health or safety law.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2322 - Audit report; contents

12-2322.
Audit report;  contents
A. Except for an item described in section 12-2326,  an audit report shall include each document and communication that is created for an audit to evaluate an organization's compliance with a health or safety law or an industry standard of excellence with respect to safety,  reliability or training.
B. An audit report may include the following:
1. A report prepared by an auditor,  consultant,  monitor or other individual acting in a similar role,  which may include:
(a) A description of the scope of the audit.
(b) The information gained in the audit and findings,  conclusions and recommendations.
(c) Exhibits and appendices.
2. Memoranda and documents that analyze all or a portion of the materials described by subsection C,  paragraph 1 of this section or that discuss implementation issues.
3. An implementation plan or tracking system to correct past noncompliance,  improve current compliance or prevent future noncompliance.
4. An evaluation,  assessment or accreditation of an organization's facilities,  operations or training programs relative to that industry's standards of excellence in safety,  reliability or training.
C. The types of exhibits and appendices that may be contained in an audit report include supporting information that is collected or developed for the primary purpose of and gathered in the course of a health or safety audit,  including:
1. Interviews with current or former employees.
2. Field notes and records of observations.
3. Findings,  opinions,  suggestions,  conclusions,  guidance,  notes,  drafts and memoranda.
4. Legal analyses.
5. Drawings.
6. Photographs.
7. Laboratory analyses and other analytical data.
8. Computer generated or electronically recorded information.
9. Maps,  charts,  graphs and surveys.
10. Other communications associated with a health or safety audit.
D. To facilitate identification,  each document in an audit report may be labeled " compliance report: privileged document"  or with words of similar import. The failure to label a document does not constitute a waiver of the audit privilege or create a presumption that the privilege does or does not apply.
E. An audit shall be completed within a reasonable time not to exceed six months from when it is begun,  unless an extension is based on reasonable grounds.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2323 - Privilege

12-2323.
Privilege
A. Except as provided in sections 12-2324,  12-2325 and 12-2326,  any part of an audit report conducted by an organization is privileged and is not admissible as evidence or subject to discovery in any of the following:
1. A legal or an equitable civil action.
2. An administrative proceeding.
B. If called or subpoenaed as a witness,  a person cannot be compelled to testify or produce a document related to an audit if both of the following apply:
1. The testimony or document discloses any privileged part of an audit report.
2. The person is:
(a) A person who conducted any portion of the audit but who did not personally observe the physical events.
(b) A person to whom the audit results are disclosed under section 12-2324,  subsection B.
(c) A custodian of the audit results.
C. A person who conducts or participates in the preparation of an audit report and who has actually observed physical events of violation may testify regarding those events but may not be compelled to testify about or produce documents related to any privileged part of an audit report.
D. A state agency employee shall not request,  review or otherwise use any privileged part of an audit report during an agency inspection of a regulated facility or operation or an activity of a regulated facility or operation.
E. A party asserting the privilege prescribed in this section has the burden of establishing the applicability of the privilege.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2324 - Waiver; exception; penalties

12-2324.
Waiver;  exception;  penalties
A. The privilege prescribed in section 12-2323 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared.
B. Disclosure of an audit report or any information generated by a health or safety audit does not waive the privilege,  if the disclosure complies with any of the following:
1. Is made to address or correct a matter raised by the health or safety audit and is made only to:
(a) An individual employed by the owner or operator,  including a temporary or contract employee.
(b) A legal representative of the owner or operator.
(c) An officer or director of the regulated facility or operation or a partner of the owner or operator.
(d) An independent contractor retained by the owner or operator,  including the owner's or operator's independent external auditors.
2. Is made under the terms of a confidentiality agreement between the organization for whom the audit report was prepared or the owner or operator of the regulated facility or operation and any of the following:
(a) A partner or potential partner of the owner or operator of the regulated facility or operation.
(b) A transferee or potential transferee of the regulated facility or operation.
(c) A lender or potential lender for the regulated facility or operation.
(d) A state government official.
(e) A person or entity engaged in the business of insuring,  underwriting or indemnifying the facility or operation.
3. Is made under a confidentiality agreement to a government official or agency by the organization for whom the audit report was prepared or by the owner or operator.
C. A party to a confidentiality agreement described in subsection B,  paragraph 2 of this section who violates the confidentiality agreement is liable for damages caused by the disclosure and for any other penalties prescribed in the confidentiality agreement.
D. Information that is disclosed under subsection B,  paragraph 3 of this section is confidential and shall not be disclosed. An entity,  employee or official of this state who knowingly or intentionally discloses information in violation of this subsection is subject to sanctions as prescribed by the rules of civil procedure or to a civil penalty not to exceed ten thousand dollars. The lack of labeling may not be raised as a defense if the entity,  employee or official knew or had reason to know that the document was a privileged audit report.
E. This section shall not be construed to circumvent the protections provided by federal or state law for individuals who disclose information to enforcement authorities.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2325 - Disclosure required by court or administrative hearing; appeals; sanctions

12-2325.
Disclosure required by court or administrative hearing;  appeals;  sanctions
A. A court or administrative hearing officer with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing officer determines after an in camera review that any of the following applies:
1. The privilege is asserted for a fraudulent purpose.
2. The portion of the audit report is not subject to the privilege under section 12-2326.
3. The portion of the audit report shows evidence of noncompliance with a health or safety law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after the discovery of the noncompliance.
B. A party seeking disclosure under this section has the burden of proving that subsection A of this section applies.
C. Notwithstanding any other law,  a disclosure decision of an administrative hearing officer under subsection A of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless disclosure is ordered by the court.
D. An organization claiming the privilege is subject to sanctions as prescribed by the rules of civil procedure or to a civil penalty not to exceed ten thousand dollars,  if the court finds that the organization intentionally or knowingly claimed the privilege for nonprivileged materials prescribed in section 12-2326.
E. A court determination under this section is subject to interlocutory appeal to the court of appeals.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2326 - Nonprivileged materials

12-2326.
Nonprivileged materials
A. The privilege prescribed in this article does not apply to:
1. A document,  communication,  datum or report or other information required by a regulatory agency to be collected,  developed,  maintained or reported under a health or safety law.
2. Information obtained by observation,  sampling or monitoring by a regulatory agency.
3. Information obtained from a source not involved in the preparation of the health or safety audit report.
B. This section does not limit the right of an organization to agree to conduct and disclose an audit report.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2327 - Review of privileged document by governmental authority

12-2327.
Review of privileged document by governmental authority
A. If an audit report is obtained,  reviewed or used in a criminal proceeding,  the privilege prescribed in this article is not waived or eliminated for any other purpose.
B. Notwithstanding the privilege prescribed in this article,  a regulatory agency may review information in an audit report that is required to be available under a specific state or federal law,  but that review does not waive or eliminate the privilege except for materials prescribed in section 12-2326.
C. If information is required to be available to the public by operation of a specific state or federal law,  the governmental authority shall notify the organization claiming the privilege of the potential for public disclosure before obtaining that information pursuant to subsection A or B of this section.
D. If privileged information is disclosed under subsection B or C of this section,  on the motion of a party,  a court or the appropriate administrative official shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review,  disclosure or use of information obtained under this section if the review,  disclosure,  or use is not authorized under section 12-2326. A party that has received information under subsection B or C of this section has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2328 - Construction

12-2328.
Construction
A. This article does not provide civil or criminal immunity to an organization or to affect any other privilege that may be available by law.
B. This article does not apply to a health professional as defined in section 32-3201 or a health care institution as defined in section 36-401.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2401 - Definitions

12-2401.
Definitions
In this article,  unless the context otherwise requires:
1. " Party"  means any plaintiff or defendant in any civil action,  in any superior or justice court of this state.
2. " Property"  means any present or future interest in wages,  real estate,  goods,  chattels or choses in action whether such interest is vested or contingent.
3. " Provisional remedy"  means the remedies of attachment,  garnishment or replevin,  but shall not include garnishment of wages.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2403 - Provisional remedies with notice; grounds

12-2403.
Provisional remedies with notice;  grounds
Except as provided in section 12-2402,  no provisional remedy shall be issued by any judge or justice of the peace until:
1. All statutory requirements for the issuance of such provisional remedy have been complied with by the party seeking such remedy.
2. An application and notice for issuance of any provisional remedy has been filed with the clerk of the court and a copy of such notice and application have been served on the party against whom any remedy will operate.
3. The party against whom any provisional remedy is sought has been afforded an opportunity for a hearing or a hearing has been held as provided in this article.