Arizona

Criminal Procedure

Criminal Procedure

Rule 16.1 – General Provisions

(a)Scope. Rule 16 governs court procedures between arraignment and trial, unless another rule provides a more specific procedure.
(b)Pretrial Motions. All motions must meet the requirements of Rules 1.6 and 1.9 and be served as provided in Rule 1.7. Parties must make all motions no later than 20 days before trial, except that lack of jurisdiction may be raised at any time. Responsive pleadings are allowed as provided in Rule 1.9. The court may modify motion deadlines.
(c)Effect of a Failure to File or Make a Timely Motion. The court may preclude any motion, defense, objection, or request not timely raised by motion under (b), unless the basis was not then known and could not have been known through reasonable diligence, and the party raises it promptly after the basis is known.
(d)Finality of Pretrial Determinations. A court may not reconsider an issue previously decided in the case except for good cause or as these rules provide otherwise.

Ariz. R. Crim. P. 16.1

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

COMMENT

Rule 16.1(d). This rule does not preclude the defendant from presenting relevant issues and properly disclosed defenses to the jury, such as voluntariness, reliability of expert testimony, or identification. SeeManson v. Brathwaite, 432 U.S. 98, 114 (1977) (identification); Neil v. Biggers, 409 U.S. 188, 200-01 (1972) (identification); Jackson v. Denno, 378 U.S. 368, 379 (1964) (voluntariness); State v. Romero, 239 Ariz. 6, 12 ¶ 28, 365 P.3d 358, 364 (2016) (expert reliability); State v. Lehr, 201 Ariz. 509, 517 ¶ 24, 38 P.3d 1172, 1180 (2002) (expert reliability); State v. Amaya-Ruiz, 166 Ariz. 152, 168, 800 P.2d 1260, 1276 (1990) (expert reliability); State v. Dessureault, 104 Ariz. 380, 381-85, 453 P.2d 951, 952-56 (1969) (identification); A.R.S. § 13-3988(voluntariness).

HISTORICAL AND STATUTORY NOTES

Former Rule 16.1, relating to general provisions, was abrogated effective January 1, 2018.