Arizona

Criminal Procedure

Rule 19.1 – Conduct of Trial

(a)Generally.

(1)Application. This rule generally applies to all trials, but portions of this rule may not apply to non-jury trials.

(2)Modification. With permission of the court, the parties may agree to a different method of proceeding than described in this rule.

(b)Order of Proceedings. A trial proceeds in the following order unless the court directs otherwise:

(1) the court reads the indictment, information, or complaint to the jury and states the defendant’s plea;

(2) the State may make an opening statement;

(3) the defendant may make or defer an opening statement;

(4) the State must offer evidence in support of the charge;

(5) the defendant may make an opening statement if it was deferred, and offer evidence in his or her defense;

(6) the parties may offer evidence in rebuttal unless the court, for good cause, allows a party’s case-in-chief to be reopened;

(7) the parties may present arguments, with the State having an opening and a closing argument; and

(8) the court must instruct the jury.

(c)Proceedings if the Defendant Is Charged with Prior Convictions or Noncapital Sentencing Allegations.

(1)During Determination of Guilt or Innocence. If a prior conviction or noncapital sentencing allegation must be found following a guilty verdict, the trial must proceed initially as though there were no prior conviction or sentencing allegations, unless the conviction or sentencing allegation is an element of the charged crime.

(A) When the court reads the indictment, information or complaint, it must omit all references to prior conviction or sentencing allegations.

(B) During trial, the court must not instruct, refer to, or admit evidence concerning a prior conviction or noncapital sentencing allegation, except as permitted by the Arizona Rules of Evidence.

(2)After a Guilty Verdict. If the jury renders a guilty verdict:

(A) the defendant may admit any noncapital sentencing allegation;

(B) the State must prove to the jury any noncapital sentencing allegation not admitted by the defendant, but it need not do so for any aggravator that is already an element of the offense; and

(C) the court decides the existence of any prior conviction allegation.

(d)Aggravation Phase in a Capital Case. If a defendant is convicted of first-degree murder and the State has filed a notice of intent to seek the death penalty, the aggravation phase proceeds as follows:

(1) the court must read the alleged aggravators to the jury;

(2) the State may make an opening statement;

(3) the defendant may make or defer an opening statement;

(4) the State must offer evidence in support of the alleged aggravating circumstances;

(5) the defendant may make an opening statement if it was deferred, and offer evidence in defense of the alleged aggravating circumstances;

(6) the parties may offer evidence in rebuttal unless the court, for good cause, allows a party’s case-in-chief to be reopened;

(7) the parties may present arguments, with the State having an opening and a closing argument; and

(8) the court must instruct the jury.

(e)Penalty Phase in a Capital Case. If a jury finds one or more aggravating circumstances, the penalty phase proceeds as follows:

(1) the defendant may make an opening statement;

(2) the State may make or defer an opening statement;

(3) the victim’s survivors may make a statement relating to the victim’s characteristics and the crime’s impact on the victim’s family, but they may not offer any opinion or recommendation about an appropriate sentence;

(4) the defendant may offer evidence in support of mitigation;

(5) the State may make an opening statement if it was deferred, and offer any evidence relevant to mitigation;

(6) the defendant may offer evidence in rebuttal, unless the court, for good cause, allows a party’s case-in-chief to be reopened;

(7) the defendant may present statements of allocution to the jury;

(8) the parties may present argument, with the defendant having the opening and closing arguments; and

(9) the court must instruct the jury.

Ariz. R. Crim. P. 19.1

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

COMMENT

Rule 19.1. The court has discretion to give final instructions to the jury before closing arguments of counsel instead of after, to enhance jurors’ ability to apply the applicable law to the facts. In that event, the court may wish to withhold giving the necessary procedural and housekeeping instructions until after closing arguments, to offset the impact of the last counsel’s argument.

HISTORICAL AND STATUTORY NOTES

Former Rule 19.1, relating to conduct of trial, was abrogated effective January 1, 2018.

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