Arizona

Criminal Procedure

Criminal Procedure

Rule 12.8 – Challenge to a Grand Jury or a Grand Juror

(a)Grounds for a Challenge.

(1) The grand jury may be challenged only on the ground that the grand jurors were not drawn or selected according to law.
(2) An individual grand juror may be challenged on the ground that the juror is not qualified to sit on the grand jury or on a particular matter.
(b)Method of Challenge.

(1) A challenge by the State to a grand jury or a grand juror must be directed to the presiding or impaneling judge.
(2) A defendant may challenge a grand jury or grand juror only after the indictment has been returned.
(3) Any challenge made after the grand jurors are sworn must be in writing.
(c)Effect of Sustaining a Challenge.

(1) If a challenge to the grand jury is sustained, the grand jury must be discharged.
(2) If a challenge to an individual juror is sustained, the juror must be discharged or excluded from deliberation on the particular matter that was the subject of the challenge.

Ariz. R. Crim. P. 12.8

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

HISTORICAL AND STATUTORY NOTES

Former Rule 12.8, relating to record of proceedings before grand jury, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 12.7.