Arizona Rules of Criminal Procedure
Current through January 1, 2025
Part I · General Provisions
- 1.1 Scope
- 1.10 Computation of Time Deadlines
- 1.2 Purpose and Construction
- 1.3 Victim Participation
- 1.4 Definitions
- 1.5 Interactive Audiovisual Systems
- 1.6 Form of Documents
- 1.7 Filing and Service of Documents
- 1.8 Clerk's Distribution of Minute Entries and Other Documents
- 1.9 Motions, Oral Argument, and Proposed Orders Deadlines
Part II · Preliminary Proceedings
- 2.1 Misdemeanors Deadlines
- 2.2 Felonies
- 2.3 Content of Complaint
- 2.4 Duty of Magistrate upon Presentation of Complaint or Affidavit Under A.R.S. § 13 3897(a)
- 2.5 Refusal to Provide a DNA Sample
- 2.6 Search Warrant Applications and Returns; Maintenance of Search Warrant Records; Data Collection
- 2.7 Pre–Charge Arrest Warrants (a.R.S. § 13–3897(a)) Deadlines
- 3.1 Issuance of Summons or Warrant
- 3.2 Content of a Warrant or Summons Deadlines
- 3.3 Execution and Return of Warrant; Defective Warrants
- 3.4 Service of Summons Deadlines
- 4.1 Procedure upon Arrest Deadlines
- 4.2 Initial Appearance Deadlines
- 4.3 Initial Appearance Masters
- 5.1 Right to a Preliminary Hearing; Waiver; Continuance Deadlines
- 5.2 Summoning Witnesses; Record of Proceedings
- 5.3 Nature of the Preliminary Hearing
- 5.4 Determining Probable Cause
- 5.5 Review of a Magistrate's Probable Cause Determination Deadlines
- 5.6 Transmittal and Transcription of the Record Deadlines
- 5.7 Preservation of Recording
- 5.8 Notice if an Arraignment is Not Held
Part III · Rights of Parties
- 6.1 Right to Counsel; Right to Appointment of an Attorney; Waiver of the Right to Counsel; Authority of a Legal Paraprofessional
- 6.2 Appointment of Counsel for Indigent Defendants
- 6.3 Duties of Counsel; Withdrawal
- 6.4 Determining Whether a Person is Indigent
- 6.5 Manner of Appointment
- 6.6 Compensation of Appointed Counsel
- 6.7 Appointment of Investigators and Expert Witnesses for Indigent Defendants Deadlines
- 6.8 Standards for Appointment and Performance of Counsel in Capital Cases Deadlines
- 7.1 Definitions Deadlines
- 7.2 Right to Release Deadlines
- 7.3 Conditions of Release Deadlines
- 7.4 Procedure Deadlines
- 7.5 Review of Conditions; Revocation of Release
- 7.6 Transfer and Disposition of Bond Deadlines
- 7.7 Detaining a Juvenile Transferred for Criminal Prosecution or Charged Pursuant to A.R.S. § 13–501 Deadlines
- 8.1 Priorities in Scheduling Criminal Cases Deadlines
- 8.2 Time Limits Deadlines
- 8.3 Prisoner's Right to a Speedy Trial Deadlines
- 8.4 Excluded Periods Deadlines
- 8.5 Continuing a Trial Date
- 8.6 Denial of Speedy Trial
- 8.7 Accelerating Trial
- 9.1 The Defendant's Waiver of the Right to be Present
- 9.2 Defendant's Forfeiture of the Right to be Present Due to Disruptive Conduct
- 9.3 Exclusion of Witnesses and Spectators
- 10.1 Change of Judge for Cause Deadlines
- 10.2 Change of Judge as a Matter of Right Deadlines
- 10.3 Changing the Place of Trial
- 10.4 Transfer to Another County
- 11.1 Definitions, Effect of Incompetence, and Right to Counsel
- 11.2 Motion for an Examination of a Defendant's Competence to Stand Trial Deadlines
- 11.3 Appointment of Experts Deadlines
- 11.4 Disclosure of Experts' Reports Deadlines
- 11.5 Hearing and Orders Deadlines
- 11.6 Later Hearings Deadlines
- 11.7 Privilege and Confidentiality
- 11.8 Examination of a Defendant's Mental Status at the Time of the Offense Deadlines
- 11.9 Capital Cases
Part IV · Pretrial Procedures
- 13.1 Definitions and Construction
- 13.2 Timeliness of an Information and Dismissal Deadlines
- 13.3 Joinder
- 13.4 Severance Deadlines
- 13.5 Amending Charges; Defects in the Charging Document
- 14.1 General Provisions
- 14.2 When an Arraignment is Held Deadlines
- 14.3 The Defendant's Presence Deadlines
- 14.4 Proceedings at Arraignment Deadlines
- 14.5 Proceedings in Counties Where NO Arraignment is Held Deadlines
- 15.1 The State's Disclosures Deadlines
- 15.2 The Defendant's Disclosures Deadlines
- 15.3 Depositions Deadlines
- 15.4 Disclosure Standards Deadlines
- 15.5 Excision and Protective Orders Deadlines
- 15.6 Continuing Duty to Disclose; Final Disclosure Deadline; Extension Deadlines
- 15.7 Disclosure Violations and Sanctions
- 15.8 Disclosure Before a Plea Agreement Expires or is Withdrawn; Sanctions Deadlines
- 16.1 General Provisions Deadlines
- 16.2 Procedure on Pretrial Motions to Suppress Evidence
- 16.3 Pretrial Conference
- 16.4 Dismissal of Prosecution
Part V · Pleas of Guilty and No Contest
- 17.1 The Defendant's Plea
- 17.2 Advising of Rights and Consequences of a Guilty or NO Contest Plea
- 17.3 A Court's Duty to Determine Whether a Plea is Entered Voluntarily and Intelligently
- 17.4 Plea Negotiations and Agreements
- 17.5 Withdrawal of a Plea
- 17.6 Admitting a Prior Conviction
- 17.7 Submitting a Case on the Record
Part VI · Trial
- 18.1 Trial by Jury
- 18.2 Additional Jurors
- 18.3 Jurors' Information
- 18.4 Challenges
- 18.5 Procedure for Jury Selection
- 18.6 Jurors' Conduct
- 19.1 Conduct of Trial
- 19.2 Presence of the Defendant at Trial
- 19.3 Admonitions
- 19.4 A Judge's Death, Illness, or Other Incapacity
- 19.5 Sequestration
- 20 Judgment of Acquittal or Unproven Aggravator Deadlines
- 21.1 Applicable Law
- 21.2 Requests for Instructions and Verdict Forms Deadlines
- 21.3 Rulings on Instructions and Verdict Forms
- 21.4 Verdict Forms for Necessarily Included Offenses or Attempts
- 22.1 Instructions and Retirement
- 22.2 Materials Used During Deliberations
- 22.3 Repeating Testimony and Additional Instructions
- 22.4 Assisting Jurors at Impasse
- 22.5 Discharging a Jury
- 23.1 Form of Verdict; Sealed Verdict
- 23.2 Types of Verdicts
- 23.3 Polling the Jury
Part VII · Post-Verdict Proceedings
- 24.1 Motion for New Trial Deadlines
- 24.2 Motion to Vacate Judgment Deadlines
- 24.3 Modification of Sentence Deadlines
- 24.4 Clerical Error
- 25 Procedure After a Verdict or Finding of Guilty Except Insane
- 26.1 Definitions; Scope
- 26.10 Pronouncement of Judgment and Sentence Deadlines
- 26.11 A Court's Duty After Pronouncing Sentence Deadlines
- 26.12 Defendant's Compliance with Monetary and Non–Monetary Terms of a Sentence
- 26.13 Multiple Sentences
- 26.14 Resentencing
- 26.15 Special Procedures upon Imposing a Death Sentence
- 26.16 Entry of Judgment and Sentence; Warrant of Authority to Execute Sentence
- 26.2 Time to Render Judgment
- 26.3 Sentencing Date and Time Extensions Deadlines
- 26.4 Presentence Report Deadlines
- 26.5 Diagnostic Evaluation and Mental Health Examination
- 26.6 Court Disclosure of Reports Before Sentencing Deadlines
- 26.7 Presentencing Hearing; Prehearing Conference Deadlines
- 26.8 The State's Disclosure Duty; Objections and Corrections to a Presentence Report Deadlines
- 26.9 The Defendant's Presence
- 27.1 Conditions and Regulations of Probation
- 27.10 Probation Review Hearing Regarding Sex Offender Registration Deadlines
- 27.2 Intercounty Transfers Deadlines
- 27.3 Modification of Conditions or Regulations
- 27.4 Early Termination of Probation
- 27.5 Order and Notice of Discharge
- 27.6 Petition to Revoke Probation and Securing the Probationer's Presence; Release Determination
- 27.7 Initial Appearance After Arrest
- 27.8 Probation Revocation Deadlines
- 27.9 Admissions by the Probationer
- 28.1 Duties of Clerk Deadlines
- 28.2 Disposition of Evidence and Illustrative AIDS Deadlines
- 28.3 Retroactive Application
- 29.1 Grounds; Notice
- 29.2 Application Deadlines
- 29.3 State's Response Deadlines
- 29.4 Reply Deadlines
- 29.5 Hearing Deadlines
- 29.6 Disposition
- 29.7 Certificate of Second Chance Deadlines
- 29.8 Special Provisions for Sex Trafficking Victims
- 30.1 Automatic Restoration; Exceptions; Notice Deadlines
- 30.2 Application Deadlines
- 30.3 State's Response Deadlines
- 30.4 Reply Deadlines
- 30.5 Hearing Deadlines
- 30.6 Disposition Deadlines
Part VIII · Appeal and Other Post-Conviction Relief
- 32.1 Scope of Remedy
- 32.10 Assignment of a Judge
- 32.11 Court Review of the Petition, Response, and Reply; Further Proceedings Deadlines
- 32.12 Informal Conference Deadlines
- 32.13 Evidentiary Hearing Deadlines
- 32.14 Motion for Rehearing Deadlines
- 32.15 Notification to the Appellate Court Deadlines
- 32.16 Petition and Cross-Petition for Review Deadlines
- 32.17 Post-Conviction Deoxyribonucleic Acid Testing Deadlines
- 32.18 Stay of Execution of a Death Sentence on a Successive Petition
- 32.19 Review of an Intellectual Disability Determination in Capital Cases Deadlines
- 32.2 Preclusion of Remedy
- 32.20 Extensions of Time in a Capital Case; Victim Notice and Service Deadlines
- 32.3 Nature of a Post–Conviction Proceeding and Relation to Other Remedies
- 32.4 Filing a Notice Requesting Post-Conviction Relief Deadlines
- 32.5 Appointment of Counsel Deadlines
- 32.6 Duty of Counsel; Self-Represented Defendant's Petition; Waiver of Attorney-Client Privilege Deadlines
- 32.7 Petition for Post–Conviction Relief Deadlines
- 32.8 Transcript Preparation Deadlines
- 32.9 Response and Reply; Amendments Deadlines
- 33.1 Scope of Remedy
- 33.10 Assignment of a Judge
- 33.11 Court Review of the Petition, Response, and Reply; Further Proceedings Deadlines
- 33.12 Informal Conference
- 33.13 Evidentiary Hearing Deadlines
- 33.14 Motion for Rehearing Deadlines
- 33.15 Notification to the Appellate Court Deadlines
- 33.16 Petition and Cross-Petition for Review Deadlines
- 33.17 Post-Conviction Deoxyribonucleic Acid Testing Deadlines
- 33.2 Preclusion of Remedy
- 33.3 Nature of a Post-Conviction Proceeding and Relation to Other Remedies
- 33.4 Filing a Notice Requesting Post-Conviction Relief Deadlines
- 33.5 Appointment of Counsel Deadlines
- 33.6 Duty of Counsel; Self-Represented Defendant's Petition; Waiver of Attorney-Client Privilege Deadlines
- 33.7 Petition for Post–Conviction Relief Deadlines
- 33.8 Transcription Preparation Deadlines
- 33.9 Response and Reply; Amendments Deadlines
Part IX · Miscellaneous
- 34 Subpoenas
- 35.1 Definition
- 35.2 Summary Disposition of Contempt Deadlines
- 35.3 Disposition of Contempt by Notice and Hearing
- 35.4 Jury Trial; Disqualification of the Citing Judge Deadlines
- 36 Expunging Marijuana Records and Restoring Civil Rights Deadlines
- 36.1 Sealing Arrest, Conviction, and Sentencing Records Deadlines
- 37.1 Final Disposition Report Deadlines
- 37.2 State's Duty to File a Disposition Form with the Court Deadlines
- 37.3 Reporting Procedure
- 37.4 Procedure on Appeal
- 38.1 Application for a Suspension Order Deadlines
- 38.2 Resuming Prosecution Deadlines
- 38.3 Dismissal of Prosecution Deadlines
- 39 Victims' Rights Deadlines
- 40 Transfer for Juvenile Prosecution Deadlines
- 41 Forms