Arizona

Criminal Procedure

Criminal Procedure

Rule 33.4 – Filing a Notice Requesting Post-Conviction Relief

(a)Generally. A defendant starts a Rule 33 proceeding by filing a Notice Requesting Post-Conviction Relief.
(b) Notice Requesting Post-Conviction Relief.

(1)Where to File; Forms. The defendant must file a notice requesting post-conviction relief under Rule 33 in the court where the defendant was sentenced. The court must make “notice” forms available for defendants.
(2)Content of the Notice. The notice must contain the caption of the original criminal case or cases to which it pertains, and all information shown in Rule 41, Form 24(b).
(3)Time for Filing.

(A)Claims Under Rule 33.1(a). A defendant must file the notice for a claim under Rule 33.1(a) within 90 days after the oral pronouncement of sentence.
(B)Claims Under Rules 33.1(b) through (h). A defendant must file the notice for a claim under Rules 33.1(b) through (h) within a reasonable time after discovering the basis for the claim.
(C)Successive Notice for Claims of Ineffective Assistance of Rule 33 counsel. A defendant may raise a claim of ineffective assistance of Rule 33 counsel in a successive Rule 33 proceeding if the defendant files a notice no later than 30 days after the trial court’s final order in the first post-conviction proceeding, or, if the defendant seeks appellate review of that order, no later than 30 days after the appellate court issues its mandate in that proceeding.
(D)Excusing an Untimely Notice. The court must excuse an untimely notice requesting post-conviction relief filed under subpart (3)(A) or (3)(C) if the defendant adequately explains why the failure to timely file a notice was not the defendant’s fault.
(4)Duty of the Clerk upon Receiving a Notice.

(A)Superior court. Upon receiving a notice, the superior court clerk must file it in the record of each original case to which it pertains. The clerk must promptly send copies of the notice to the defendant, defendant’s counsel, the prosecuting attorney’s office, and the Attorney General. The clerk must note in the record the date and manner of sending copies of the notice.
(B)Justice or Municipal Court. If the conviction occurred in a limited jurisdiction court, upon receiving a notice from a defendant, the limited jurisdiction court clerk must send a copy of the notice to the prosecuting attorney who represented the State, and to defendant’s counsel or the defendant, if self-represented. The clerk must note in the record the date and manner of sending copies of the notice.
(5)Duty of the State upon Receiving a Notice. Upon receiving a copy of a notice, the State must notify any victim who has requested notification of post-conviction proceedings.

Ariz. R. Crim. P. 33.4

Added by August 31, 2017, effective January 1, 2018; amended August 29, 2019, effective January 1, 2020.

COMMENT TO RULE 33.4(a)

A Notice Requesting Post-Conviction Relief informs the trial court of a possible need to appoint an attorney for the defendant as provided in Rule 33.5(a). The Notice Requesting Post-Conviction Relief also assists the court in deciding whether to summarily dismiss the proceeding as untimely or precluded.