Arizona Rules of Criminal Procedure

(The Arizona Rules of Criminal Procedure are used by judges and lawyers who handle criminal cases in Arizona)

I. GENERAL PROVISIONS
RULE 1. SCOPE, PURPOSE AND CONSTRUCTION, COMPUTATION OF TIME, DEFINITIONS, SIZE OF PAPER, AND OTHER GENERAL PROVISIONS

Rule 1.1. Scope
Rule 1.2. Purpose and construction
Rule 1.3. Computation of time
Rule 1.4. Definitions
Rule 1.5. Size of paper
Rule 1.6. Interactive audio and audiovisual devices
Rule 1.7. Initial Appearance Masters
II. PRELIMINARY PROCEEDINGS
RULE 2. COMMENCEMENT OF CRIMINAL PROCEEDINGS

Rule 2.1. Misdemeanors
Rule 2.2. Felonies
Rule 2.3. Content of complaint
Rule 2.4. Duty of magistrate upon filing of complaint
Rule 2.5. Alternative procedure for commencing misdemeanor actions triable in Superior Court
RULE 3. ARREST WARRANT OR SUMMONS UPON COMMENCEMENT OF CRIMINAL PROCEEDINGS

Rule 3.1. Issuance of warrant or summons
Rule 3.2. Content of warrant or summons.
Rule 3.3. Execution and return of warrant
Rule 3.4. Service of summons
Rule 3.5. Defective warrant

 

RULE 4. INITIAL APPEARANCE AND ARRAIGNMENT

Rule 4.1. Procedure upon arrest
Rule 4.2. Initial appearance
RULE 5. PRELIMINARY HEARING

Rule 5.1. Right to preliminary hearing; waiver; postponement
Rule 5.2. Summoning of witnesses and record of proceedings
Rule 5.3. Nature of the preliminary hearing
Rule 5.4. Determination of probable cause
Rule 5.5. Review of preliminary hearing.
Rule 5.6. Transmittal and transcription of record.
Rule 5.7. Preservation of recording.
Rule 5.8. Entering a not guilty plea
III. RIGHTS OF PARTIES
RULE 6. ATTORNEYS, APPOINTMENT OF COUNSEL

Rule 6.1. Rights to counsel; waiver of rights to counsel
Rule 6.2. Appointment of counsel
Rule 6.3. Duties of counsel; withdrawal
Rule 6.4. Determination of indigency
Rule 6.5. Manner of appointment
Rule 6.6. Appointment of counsel during appeal
Rule 6.7. Compensation of appointed counsel
Rule 6.8. Standards for appointment and performance of counsel in capital cases.
RULE 7. RELEASE

Rule 7.1. Definitions and applicability of rule
Rule 7.2. Right to release
Rule 7.3. Conditions of release
Rule 7.4. Procedure
Rule 7.5. Review of conditions; revocation of release
Rule 7.6. Transfer and Disposition of Bond
RULE 8. SPEEDY TRIAL

Rule 8.1. Priorities in scheduling criminal cases
Rule 8.2. Time limits
Rule 8.3. Right to speedy trial of persons in prison within or without the state
Rule 8.4. Excluded periods
Rule 8.5. Continuances
Rule 8.6. Denial of speedy trial
Rule 8.7. Acceleration of trial
RULE 9. PRESENCE OF DEFENDANT, WITNESSES AND SPECTATORS

 

Rule 9.1. Defendant’s waiver of right to be present
Rule 9.2. Defendant’s forfeiture of right to be present
Rule 9.3. Exclusion of witnesses and spectators
RULE 10. CHANGE OF JUDGE OR PLACE OF TRIAL

Rule 10.1. Change of judge for cause
Rule 10.2. Change of judge upon request
Rule 10.3. Change of the place of trial
Rule 10.4. Waiver and renewal
Rule 10.5. Transfer to another judge or county
Rule 10.6. Duty of judge upon filing of motion or request under Rules 10.1 or 10.2
RULE 11. INCOMPETENCY AND MENTAL EXAMINATIONS

Rule 11.1. Definition and effect of incompetency
Rule 11.2. Motion to have defendant’s mental condition examined
Rule 11.3. Appointment of experts
Rule 11.4. Disclosure of mental health evidence
Rule 11.5. Hearing and orders
Rule 11.6. Subsequent hearings
Rule 11.7. Privilege
Rule 11.8. Records
IV. PRETRIAL PROCEDURES

RULE 12. THE GRAND JURY

Rule 12.1. Selection and preparation of grand jurors
Rule 12.2. Grounds for disqualification
Rule 12.3. Challenge to grand jury or grand juror
Rule 12.4. Foreman of the grand jury
Rule 12.5. Persons authorized to be present during sessions of the grand jury
Rule 12.6. Appearance of persons under investigation
Rule 12.7. Indictment
Rule 12.8. Record of proceedings before grand jury
Rule 12.9. Challenge to grand jury proceedings
Rule 12.10. Entering a not guilty plea

RULES FOR STATE GRAND JURIES
Rule 12.21. Applicability of rules of criminal procedure
Rule 12.22. Selection and preparation of state grand jurors
Rule 12.23. Size of state grand jury
Rule 12.24. Location of state grand jury sessions
Rule 12.25. Preservation of State Grand Jury evidence
Rule 12.26. Return of indictment
Rule 12.27. Disclosure of lack of indictment
Rule 12.28. Challenge to State Grand Jury proceedings
Rule 12.29. Expenses of prospective and selected state grand jurors
RULE 13. INDICTMENT AND INFORMATION

Rule 13.1. Definitions; timeliness
Rule 13.2. Nature and contents
Rule 13.3. Joinder
Rule 13.4. Severance
Rule 13.5. Amendment of the charges; defects in the charging document
RULE 14. ARRAIGNMENT

Rule 14.1. When held
Rule 14.2. Presence of the defendant
Rule 14.3. Proceedings at arraignment
RULE 15. DISCLOSURE

Rule 15.1. Disclosure by state
Rule 15.2. Disclosure by defendant
Rule 15.3. Depositions
Rule 15.4. General standards
Rule 15.5. Excision and protective orders
Rule 15.6. Continuing duty to disclose; final disclosure deadline; extension
Rule 15.7. Sanctions
Rule 15.8. Disclosure prior to a plea deadline; sanctions
Rule 15.9. Appointment of investigators and expert witnesses for indigent defendants
RULE 16. PRETRIAL MOTION PRACTICE; OMNIBUS HEARING
Rule 16.1. General provisions
Rule 16.2. Procedure on pretrial motions to suppress evidence
Rule 16.3. Procedure on omnibus hearings
Rule 16.4. Mandatory prehearing conference
Rule 16.4. Mandatory prehearing conference
Rule 16.5. Procedure on pretrial conference
Rule 16.6. Dismissal of prosecution
V. PLEAS OF GUILTY AND NO CONTEST
RULE 17. PLEAS OF GUILTY AND NO CONTEST
Rule 17.1. Pleading by defendant
Rule 17.2. Duty of court to advise of defendant’s rights and of the consequences of pleading guilty or no contest, or of admitting guilt, or of submitting on the record
Rule 17.3. Duty of court to determine voluntariness and intelligence of the plea
Rule 17.4. Plea negotiations and agreements
Rule 17.5. Withdrawal of plea
Rule 17.6. Admission of a prior conviction
VI. TRIAL
RULE 18. TRIAL BY JURY; WAIVER; SELECTION AND PREPARATION OF JURORS
Rule 18.1. Trial by jury
Rule 18.2. Additional jurors
Rule 18.3. Jury information
Rule 18.4. Challenges
Rule 18.5. Procedure for selecting a jury
Rule 18.5. Procedure for Selecting a Jury
Rule 18.6. Preparation of jurors
RULE 19. TRIAL

Rule 19.1. Conduct of trial
Rule 19.2. Presence of defendant at trial
Rule 19.3. Evidence
Rule 19.4. Separation and detention of jurors
Rule 19.5. Death, illness or other incapacity of judge
Rule 19.6. Presence of minor victim or incapacitated victim representative

RULE 20. JUDGMENT OF ACQUITTAL

Rule 20. Judgment of Acquittal

RULE 21. INSTRUCTIONS

Rule 21.1. Applicable law
Rule 21.2. Requests for instructions and forms of verdict
Rule 21.3. Rulings on instructions and forms of verdict

RULE 22. DELIBERATIONS

Rule 22.1. Retirement of jurors
Rule 22.1. Retirement of Jurors
Rule 22.2. Materials used during deliberation
Rule 22.3. Further review of evidence and additional instructions
Rule 22.4. Assisting jurors at impasse
Rule 22.5. Discharge

RULE 23. VERDICT

Rule 23.1. Time and form of verdict
Rule 23.2. Types of verdict
Rule 23.3. Conviction of necessarily included offenses
Rule 23.4. Poll

VII. POST-VERDICT PROCEEDINGS

RULE 24. POST-TRIAL MOTIONS

Rule 24.1. Motion for new trial
Rule 24.2. Motion to vacate judgment
Rule 24.3. Modification of sentence
Rule 24.4. Clerical mistakes

RULE 25. PROCEDURE AFTER VERDICT OR FINDING OF NOT GUILTY BY REASON OF INSANITY

Rule 25. Procedure After Verdict or Finding of Not Guilty by Reason of Insanity

RULE 26. JUDGMENT, PRE-SENTENCE REPORT, PRE-SENTENCING HEARING, SENTENCE

Rule 26.1. Definitions; scope
Rule 26.2. Time of rendering judgment
Rule 26.3. Date of sentencing; extension
Rule 26.4. Pre-sentence report
Rule 26.5. Diagnostic evaluation and mental health examination
Rule 26.6. Disclosure of the pre-sentence, diagnostic, and mental health reports
Rule 26.7. Pre-sentencing hearing; request, purpose, pre-hearing conference
Rule 26.8. Notice of objections; special duty of the prosecutor; corrections to pre-sentence report
Rule 26.9. Presence of the defendant
Rule 26.10. Pronouncement of judgment and sentence
Rule 26.11. Duty of the court after pronouncing sentence
Rule 26.12. Compliance with sentence
Rule 26.13. Concurrent or consecutive sentences
Rule 26.14. Re-sentencing
Rule 26.15. Special procedures upon imposition of a sentence of death
Rule 26.16. Entry of judgment and sentence; warrant of authority to execute sentence

RULE 27. PROBATION AND PROBATION REVOCATION

Rule 27.1. Manner of imposing probation
Rule 27.2. Intercounty transfers
Rule 27.3. Modification and clarification of conditions and regulations
Rule 27.4. Early termination of probation
Rule 27.5. Order and notice of discharge
Rule 27.6. Initiation of revocation proceedings; securing the probationer’s presence; notice
Rule 27.7. Initial appearance after arrest
Rule 27.8. Revocation of probation
Rule 27.9. Admissions by the probationer
Rule 27.10. Revocation of probation in absentia
Rule 27.11. Victim’s rights in probation proceedings
Rule 27.12. Probation review hearing

RULE 28. RETENTION AND DESTRUCTION OF RECORDS AND EVIDENCE

Rule 28.1. Duties of the clerk
Rule 28.2. Disposition of evidence in the custody of the prosecutor or law enforcement agencies
Rule 28.3. Retroactive application

RULE 29. RESTORATION OF CIVIL RIGHTS OR VACATION OF CONVICTION

Rule 29.1. Notice to probationers
Rule 29.2. Application: contents; place of filing and service
Rule 29.3. Hearing date
Rule 29.4. Response by the prosecutor
Rule 29.5. Disposition

VIII. APPEAL AND OTHER POST-CONVICTION RELIEF

RULE 30. APPEALS FROM LIMITED JURISDICTION COURTS

Rule 30.1. Right to appeal
Rule 30.2. Time for taking appeal; perfection of appeal
Rule 30.3. Preparation of record
Rule 30.4. Setting the date for trial
Rule 30.5. Appellant’s duty to prosecute the appeal
Rule 30.6. Stipulation as to questions of law or fact
Rule 30.7. Transmittal of fine upon judgment of guilt

RULE 31. APPEAL FROM SUPERIOR COURT

Rule 31.1. Scope of rule
Rule 31.2. Notice of appeal; automatic appeal; joint appeals
Rule 31.3. Time for taking appeal
Rule 31.4. Motion to stay appeal; notice of reinstatement of appeal; consolidation of appeals
Rule 31.5. Appeals by indigents
Rule 31.6. Stay of execution of sentence and credit pending appeal
Rule 31.7. Docketing in the appellate court; designation of the parties
Rule 31.8. The record on appeal; transcript; duty of the authorized transcriber
Rule 31.9. Transmission of the record
Rule 31.10. Filing of the record
Rule 31.11. Perfection of the appeal
Rule 31.12. Form of motions
Rule 31.13. Appellate briefs
Rule 31.14. Request for oral argument; precedence of criminal appeals
Rule 31.15. Motion to dismiss
Rule 31.16. Appeal by state is inoperative to stay order in favor of defendant
Rule 31.17. Disposition and ancillary orders
Rule 31.18. Motion for reconsideration
Rule 31.18. Motions for reconsideration
Rule 31.19. Petition for review
Rule 31.19. Petitions for Review
Rule 31.20. Suspension of the rules
Rule 31.21. Manner of filing and service; copies
Rule 31.22. Supplemental citation of legal authority
Rule 31.23. Issuance of mandates by appellate courts and mandates from United States Supreme Court
Rule 31.24. Citation of memorandum decisions
Rule 31.25. Amicus curiae
Rule 31.25. Amicus curiae
Rule 31.26. Partial publication
Rule 31.27. Extensions of time; notification of victims

RULE 32. OTHER POST-CONVICTION RELIEF

Rule 32.1. Scope of remedy
Rule 32.2. Preclusion of remedy
Rule 32.3. Nature of proceeding and relation to other remedies
Rule 32.4. Commencement of proceedings
Rule 32.5. Contents of petition
Rule 32.6. Additional pleadings; summary disposition; amendments
Rule 32.7. Informal conference
Rule 32.8. Evidentiary hearing
Rule 32.9. Review
Rule 32.10. Extensions of time; notification of victims

IX. POWERS OF COURT

RULE 33. CRIMINAL CONTEMPT

Rule 33.1. Definition
Rule 33.2. Summary procedure
Rule 33.3. Disposition of other contempts; notice and hearing
Rule 33.4. Jury trial; disqualification of judge

RULE 34. SUBPOENAS

Rule 34. Subpoenas

RULE 35. FORM, CONTENT AND SERVICE OF MOTIONS AND REQUESTS

Rule 35.1 Motions: form, content and rights of reply
Rule 35.2. Hearing; oral argument
Rule 35.3. Requests: form, content, right of reply and hearing
Rule 35.4. Waiver of formal requirements
Rule 35.5. Service and filing
Rule 35.6. Notice of orders
Rule 35.7. Proposed orders

RULE 36. LOCAL RULES

Rule 36. Local rules

RULE 37. REPORT OF COURT DISPOSITIONS

Rule 37.1. Scope
Rule 37.2. Initiation of report
Rule 37.3. Reporting procedure
Rule 37.4. Procedure on appeal
Rule 37.5. Effective date

RULE 38. SUSPENSION OF PROSECUTION FOR THE DEFERRED PROSECUTION PROGRAMS

Rule 38.1. Application for suspension order
Rule 38.2. Resumption of prosecution
Rule 38.3. Dismissal of prosecution

RULE 39. VICTIMS’ RIGHTS

Rule 39. Victims’ rights

RULE 40. TRANSFER FOR JUVENILE PROSECUTION

Rule 40. Transfer for juvenile prosecution

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