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.
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