questions & answers

Question: A bench trial has been set for a misdameanor criminal case! I wanted a trial by jury. How do we change this? Also if I have to supply a list of the persons in my defense to the prosecutor doesn't he have to supply a list of the persons he is to call against me?

Answer: Only certain misdemeanor offenses qualify for a jury trial. The judge will advise you if your case in fact qualifies. If your case does qualify, then you have to specifically request a jury trial with the judge. Yes, the prosecutor does need to provide you with a list of witnesses and exhibits he/she intends on presenting at trial. They need to be in compliance with Rule 15.1 of the Arizona Rules of Criminal Procedure. Similarly you need to review Rule 15.2 to be sure you are also in compliance with the discovery rules as well. If a party were to fail to disclose a witness or exhibit, the court may then preclude the party from using that exhibit or calling that witness to testify at trial.