Arizona Rules of Evidence


The Arizona Rules of Evidence were promulgated on June 1, 1977, effective September 1, 1977.  These rules govern the presenation of evidence in proceedings in Arizona state courts.  The Arizona Rules of Evidence are modeled after the Federal Rules of Evidence. The language and substance of the Arizona Rules are substantially the same as the Federal Rules of Evidence.

These rules apply to all courts of the State and to magistrates, court commissioners and justices of the peace.  These rules apply generally to the following:

  • civil actions and proceedings;
  • contempt proceedings except those in which the court may act summarily; and
  • criminal cases and proceedings except as otherwise provided in the Arizona Rules of Criminal Procedure.

The rules (other than with respect to privileges) do not apply to proceedings before grand juries.  However, the rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

Arizona Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of Arizona Rules of Evidence.

ARTICLE I. GENERAL PROVISIONS 6

Rule 101. Scope

Rule 102. Purpose and construction

Rule 103. Rulings on evidence

Rule 104. Preliminary questions

Rule 105. Limited admissibility

Rule 106. Remainder of or related writings or recorded statements

ARTICLE II. JUDICIAL NOTICE 1

Rule 201. Judicial notice of adjudicative facts

ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 2

Rule 301. Presumptions in general in civil actions and proceedings

Rule 302. Applicability of state law in civil actions and proceedings

ARTICLE IV. RELEVANCY AND ITS LIMITS 11

Rule 401. Definition of “relevant evidence.”

Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible

Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time

Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes

Rule 405. Methods of proving character

Rule 406. Habit; routine practice

Rule 407. Subsequent remedial measures

Rule 408. Compromise and offers to compromise

Rule 409. Payment of medical and similar expenses

Rule 410. Offer to plead guilty; nolo contendere; withdrawn plea of guilty

Rule 411. Liability insurance

ARTICLE V. PRIVILEGES 1

Rule 501. General rule

ARTICLE VI. WITNESSES 15

Rule 601. General rule of competency

Rule 602. Lack of personal knowledge

Rule 603. Oath or affirmation

Rule 604. Interpreters

Rule 605. Competency of judge as witness

Rule 606. Competency of juror as witness

Rule 607. Who may impeach

Rule 608. Evidence of character and conduct of witness

Rule 609. Impeachment by evidence of conviction of crime

Rule 610. Religious beliefs or opinions

Rule 611. Mode and order of interrogation and presentation

Rule 612. Writing used to refresh memory

Rule 613. Prior statements of witnesses

Rule 614. Calling and interrogation of witnesses by court

Rule 615. Exclusion of witnesses

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 2|8

Introductory note: Problems of opinion testimony

INTRODUCTORY NOTE: PROBLEMS OF OPINION TESTIMONY 6

Rule 701. Opinion testimony by lay witnesses

Rule 702. Testimony by experts

Rule 703. Bases of opinion testimony by experts

Rule 704. Opinion on ultimate issue

Rule 705. Disclosure of facts or data underlying expert opinion

Rule 706. Court appointed experts

ARTICLE VIII. HEARSAY 6

Rule 801. Definitions

Rule 802. Hearsay rule

Rule 803. Hearsay exceptions; availability of declarant immaterial

Rule 804. Hearsay exceptions; declarant unavailable

Rule 805. Hearsay within hearsay

Rule 806. Attacking and supporting credibility of declarant

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 3

Rule 901. Requirement of authentication or identification

Rule 902. Self-authentication

Rule 903. Subscribing witness’s testimony unnecessary

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8

Rule 1001. Definitions

Rule 1002. Requirement of original

Rule 1003. Admissibility of duplicates

Rule 1004. Admissibility of other evidence of contents

Rule 1005. Public records

Rule 1006. Summaries

Rule 1007. Testimony or written admission of party

Rule 1008. Functions of court and jury

ARTICLE XI. MISCELLANEOUS RULES 4

Rule 1101. Applicability of rules

Rule 1102. [Deleted.]

Rule 1103. Title

Rule Index