The Arizona Supreme Court agreed to amend Official Comment 8 to Ethical Rule 3.3, making it clear that:

“If a lawyer reasonably believes that evidence has been materially altered or generated with the intent to deceive the court, the lawyer has an obligation to conduct a reasonable inquiry before submitting the evidence to the court. The scope of the inquiry will vary according to the circumstances of each case, but factors to consider may include the probative value of the evidence, the value or importance of the case or issue, the source of the evidence, and what, if any, accessible, reliable, and affordable tools or methods are available to assess the evidence’s authenticity or integrity. If after inquiry the lawyer still does not know that the evidence has been materially altered or generated with intent to deceive, the lawyer retains discretion to submit the evidence to the court.”

 Order, No.R-25-0029 (Ariz. Aug. 28, 2025) (eff. Jan. 1, 2026).