Petitioner respectfully submits this Reply in support his Petition to Amend Ariz. R. Crim. P. 31.10 and Ariz. R. Civ. App. P. 13 to Explicitly Permit the Use of Photographs, Charts, Graphs, and Other Visual Aids in Briefs.
Petitioner is deeply appreciative of the many thoughtful comments submitted in response to this proposal, and is encouraged that all commenters, without exception, support the Petition’s fundamental goal: explicitly authorizing the inclusion of visual aids in appellate briefs.
The unanimous support for the use of photographs, charts, graphs, and other visual depictions reflects a shared recognition that visual aids can promote clarity, enhance advocacy, and increase public access and understanding of judicial processes. Comments submitted by the Arizona Attorney General’s Office (AGO), Eric Fraser, Arizona Attorneys for Criminal Justice (AACJ), the Maricopa County Indigent Defense Agencies, the Arizona Commission on Access to Justice, and the State Bar of Arizona all emphasize the value of visual communication and its growing importance in appellate practice.
Petitioner does not object to reasonable refinements of the proposed rule language. In particular, Petitioner appreciates and accepts the alternative formulation modeled after the Ninth Circuit’s local rules, as proposed by the AGO and supported by Mr. Fraser. This approach introduces clear guidance while preserving flexibility for the effective and responsible use of visual materials. Petitioner welcomes such enhancements to ensure consistency, prevent abuse, and support uniform application.
Accordingly, Petitioner is hopeful that this Court will support the adoption of a rule amendment—whether in the originally proposed form or in the refined formulation suggested by the AGO and endorsed by other commenters—that explicitly authorizes the optional inclusion of visual aids in briefs.
Respectfully submitted,
/s/ Kevin D. Heade
Kevin D. Heade
Arizona State Bar No. 029909
P.O. Box 2457
Florence, AZ 85132
(480) 251-8534
[email protected]