The State must file an information in superior court no later than 10 days after a magistrate finds probable cause or the defendant waives a preliminary hearing. If the State fails to file a timely information, a court must dismiss the information if the defendant files a motion seeking that relief under Rule 16.1(b). A dismissal under this rule is without prejudice, but if the prosecution is refiled, the time limits under Rule 8.2 must be computed from the defendant’s initial appearance on the original complaint.
Ariz. R. Crim. P. 13.2
HISTORICAL AND STATUTORY NOTES
Former Rule 13.2, relating to nature and contents, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 13.1.