Arizona

Criminal Procedure

Criminal Procedure

Rule 5.8 – Notice if an Arraignment is Not Held

(a)Notice. If a defendant is held to answer in a county where an arraignment is not held as provided in Rule 14.2(d), the magistrate must:

(1) enter a plea of not guilty for the defendant and provide the defendant and defense counsel with a notice specifying that a plea of not guilty has been entered;
(2) set dates for a trial or pretrial conference;
(3) advise the parties in writing of the dates set for further proceedings and other important deadlines;
(4) advise the defendant of the defendant’s right to be present at all future proceedings, that any proceeding may be held in the defendant’s absence, and that if the defendant fails to appear, the defendant may be charged with an offense and a warrant may be issued for the defendant’s arrest; and
(5) advise the defendant of the right to a jury trial, if applicable.
(b)Notice Form. The magistrate must provide written notice to the defendant of the matters in (a). The defendant and defense counsel must sign the notice and return it to the court.

Ariz. R. Crim. P. 5.8

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 5.8, relating to entering a not guilty plea, was abrogated effective January 1, 2018.