Ariz. R. Crim. P. 38.2
HISTORICAL AND STATUTORY NOTES
Former Rule 38.2, relating to resumption of prosecution, was abrogated effective January 1, 2018.
Arizona
Criminal Procedure
Criminal Procedure
Rule 1.1 – Scope
Rule 1.2 – Purpose and Construction
Rule 1.3 – Computation of Time
Rule 1.4 – Definitions
Rule 1.5 – Interactive Audiovisual Systems
Rule 1.6 – Form of Documents
Rule 1.7 – Filing and Service of Documents
Rule 1.8 – Clerks Distribution of Minute Entries and Other Documents
Rule 1.9 – Motions, Oral Argument, and Proposed Orders
Rule 2.1 – Misdemeanors
Rule 2.2 – Felonies
Rule 2.3 – Content of Complaint
Rule 2.4 – Duty of Magistrate upon Presentation of Complaint
Rule 2.5 – Refusal to Provide a DNA Sample
Rule 2.6 – Abrogated
Rule 3.1 – Issuance of Summons or Warrant
Rule 3.2 – Content of a Warrant or Summons
Rule 3.3 – Execution and Return of Warrant; Defective Warrants
Rule 3.4 – Service of Summons
Rule 3.5 – Abrogated
Rule 4.1 – Procedure upon Arrest
Rule 4.2 – Initial Appearance
Rule 4.3 – Initial Appearance Masters
Rule 5.1 – Right to a Preliminary Hearing; Waiver; Continuance
Rule 5.2 – Summoning Witnesses; Record of Proceedings
Rule 5.3 – Nature of the Preliminary Hearing
Rule 5.4 – Determining Probable Cause
Rule 5.5 – Review of a Magistrates Probable Cause Determination
Rule 5.6 – Transmittal and Transcription of the Record
Rule 5.7 – Preservation of Recording
Rule 5.8 – Notice if an Arraignment is Not Held
Rule 6.1 – Right to Counsel; Right to a Court-Appointed Attorney; Waiver of the Right to Counsel
Rule 6.2 – Appointment of Counsel for Indigent Defendants
Rule 6.3 – Duties of Counsel; Withdrawal
Rule 6.4 – Determining Whether a Person is Indigent
Rule 6.5 – Manner of Appointment
Rule 6.6 – Compensation of Appointed Counsel
Rule 6.7 – Appointment of Investigators and Expert Witnesses for Indigent Defendants
Rule 6.8 – Standards for Appointment and Performance of Counsel in Capital Cases
Rule 7.1 – Definitions
Rule 7.2 – Right to Release
Rule 7.3 – Conditions of Release
Rule 7.4 – Procedure
Rule 7.5 – Review of Conditions; Revocation of Release
Rule 7.6 – Transfer and Disposition of Bond
Rule 8.1 – Priorities in Scheduling Criminal Cases
Rule 8.2 – Time Limits
Rule 8.3 – Prisoners Right to a Speedy Trial
Rule 8.4 – Excluded Periods
Rule 8.5 – Continuing a Trial Date
Rule 8.6 – Denial of Speedy Trial
Rule 8.7 – Accelerating Trial
Rule 9.1 – The Defendants Waiver of the Right to be Present
Rule 9.2 – Defendants Forfeiture of the Right to be Present Due to Disruptive Conduct
Rule 9.3 – Exclusion of Witnesses and Spectators
Rule 10.1 – Change of Judge for Cause
Rule 10.2 – Change of Judge as a Matter of Right
Rule 10.3 – Changing the Place of Trial
Rule 10.4 – Transfer to Another County
Rule 10.5 – Abrogated
Rule 10.6 – Abrogated
Rule 11.1 – Definitions, Effect of Incompetence, and Right to Counsel
Rule 11.2 – Motion for an Examination of a Defendants Competence to Stand Trial
Rule 11.3 – Appointment of Experts
Rule 11.4 – Disclosure of Experts Reports
Rule 11.5 – Hearing and Orders
Rule 11.6 – Later Hearings
Rule 11.7 – Privilege and Confidentiality
Rule 11.8 – Examination of a Defendants Mental Status at the Time of the Offense
Rule 11.9 – Capital Cases
Rule 12.1 – Selecting and Preparing Grand Jurors
Rule 12.2 – Grounds to Disqualify a Grand Juror
Rule 12.3 – Grand Jury Foreperson
Rule 12.4 – Who May be Present During Grand Jury Sessions
Rule 12.5 – Appearance of a Person Under Investigation
Rule 12.6 – Indictment
Rule 12.7 – Record of Grand Jury Proceedings
Rule 12.8 – Challenge to a Grand Jury or a Grand Juror
Rule 12.9 – Challenge to Grand Jury Proceedings
Rule 12.10 – Abrogated
Rule 12.21 – Applicability of Other Provisions of 12
Rule 12.22 – Selection and Preparation of State Grand Jurors
Rule 12.23 – Size of State Grand Jury
Rule 12.24 – Location of State Grand Jury Sessions
Rule 12.25 – Preservation of State Grand Jury Evidence
Rule 12.26 – Return of Indictment
Rule 12.27 – Disclosure of a Lack of Indictment
Rule 12.28 – Challenge to State Grand Jury, Grand Juror, or Grand Jury Proceedings
Rule 12.29 – Expenses of Prospective and Selected State Grand Jurors
Rule 13.1 – Definitions and Construction
Rule 13.2 – Timeliness of an Information and Dismissal
Rule 13.3 – Joinder
Rule 13.4 – Severance
Rule 13.5 – Amending Charges; Defects in the Charging Document
Rule 14.1 – General Provisions
Rule 14.2 – When an Arraignment is Held
Rule 14.3 – The Defendants Presence
Rule 14.4 – Proceedings at Arraignment
Rule 14.5 – Proceedings in Counties Where NO Arraignment is Held
Rule 15.1 – The States Disclosures
Rule 15.2 – The Defendants Disclosures
Rule 15.3 – Depositions
Rule 15.4 – Disclosure Standards
Rule 15.5 – Excision and Protective Orders
Rule 15.6 – Continuing Duty to Disclose; Final Disclosure Deadline; Extension
Rule 15.7 – Disclosure Violations and Sanctions
Rule 15.8 – Disclosure Before a Plea Agreement Expires or is Withdrawn; Sanctions
Rule 15.9 – Abrogated
Rule 16.1 – General Provisions
Rule 16.2 – Procedure on Pretrial Motions to Suppress Evidence
Rule 16.3 – Pretrial Conference
Rule 16.4 – Dismissal of Prosecution
Rule 16.5 – Abrogated
Rule 16.6 – Abrogated
Rule 16.7 – Deleted
Rule 17.1 – The Defendants Plea
Rule 17.2 – Advising of Rights and Consequences of a Guilty or NO Contest Plea
Rule 17.3 – A Courts Duty to Determine Whether a Plea is Entered Voluntarily and Intelligently
Rule 17.4 – Plea Negotiations and Agreements
Rule 17.5 – Withdrawal of a Plea
Rule 17.6 – Admitting a Prior Conviction
Rule 17.7 – Submitting a Case on the Record
Rule 18.1 – Trial by Jury
Rule 18.2 – Additional Jurors
Rule 18.3 – Jurors Information
Rule 18.4 – Challenges
Rule 18.5 – Procedure for Jury Selection
Rule 18.6 – Jurors Conduct
Rule 19.1 – Conduct of Trial
Rule 19.2 – Presence of the Defendant at Trial
Rule 19.3 – Admonitions
Rule 19.4 – A Judges Death, Illness, or Other Incapacity
Rule 19.5 – Presence of a Representative of a Minor or Incapacitated Victim
Rule 19.6 – Sequestration
Rule 20 – Judgment of Acquittal or Unproven Aggravator
Rule 21.1 – Applicable Law
Rule 21.2 – Requests for Instructions and Verdict Forms
Rule 21.3 – Rulings on Instructions and Verdict Forms
Rule 21.4 – Verdict Forms for Necessarily Included Offenses or Attempts
Rule 22.1 – Instructions and Retirement
Rule 22.2 – Materials Used During Deliberations
Rule 22.3 – Repeating Testimony and Additional Instructions
Rule 22.4 – Assisting Jurors at Impasse
Rule 22.5 – Discharging a Jury
Rule 23.1 – of Verdict; Sealed Verdict
Rule 23.2 – Types of Verdicts
Rule 23.3 – Polling the Jury
Rule 23.4 – Abrogated August 31, 2017, Effective January 1, 2018
Rule 24.1 – Motion for New Trial
Rule 24.2 – Motion to Vacate Judgment
Rule 24.3 – Modification of Sentence
Rule 24.4 – Clerical Error
Rule 25 – Procedure After a Verdict or Finding of Guilty Except Insane
Rule 26.1 – Definitions; Scope
Rule 26.2 – Time to Render Judgment
Rule 26.3 – Sentencing Date and Time Extensions
Rule 26.4 – Presentence Report
Rule 26.5 – Diagnostic Evaluation and Mental Health Examination
Rule 26.6 – Court Disclosure of Reports Before Sentencing
Rule 26.7 – Presentencing Hearing; Prehearing Conference
Rule 26.8 – The States Disclosure Duty; Objections and Corrections to a Presentence Report
Rule 26.9 – The Defendants Presence
Rule 26.10 – Pronouncement of Judgment and Sentence
Rule 26.11 – A Courts Duty After Pronouncing Sentence
Rule 26.12 – Defendants Compliance with Monetary and Non-Monetary Terms of a Sentence
Rule 26.13 – Consecutive Sentences
Rule 26.14 – Resentencing
Rule 26.15 – Special Procedures upon Imposing a Death Sentence
Rule 26.16 – Entry of Judgment and Sentence; Warrant of Authority to Execute Sentence
Rule 27.1 – Conditions and Regulations of Probation
Rule 27.2 – Intercounty Transfers
Rule 27.3 – Modification of Conditions or Regulations
Rule 27.4 – Early Termination of Probation
Rule 27.5 – Order and Notice of Discharge
Rule 27.6 – Petition to Revoke Probation and Securing the Probationers Presence
Rule 27.7 – Initial Appearance After Arrest
Rule 27.8 – Probation Revocation
Rule 27.9 – Admissions by the Probationer
Rule 27.10 – Victims Rights in Probation Proceedings
Rule 27.11 – Probation Review Hearing Regarding Sex Offender Registration
Rule 27.12 – Abrogated
Rule 28.1 – Duties of the Clerk
Rule 28.2 – Disposition of Evidence
Rule 28.3 – Retroactive Application
Rule 29.1 – Grounds and Notice
Rule 29.2 – Application
Rule 29.3 – States Response
Rule 29.4 – Reply
Rule 29.5 – Hearing
Rule 29.6 – Disposition
Rule 29.7 – Special Provisions for Sex Trafficking Victims
Rule 30.1 – Grounds; Notice
Rule 30.2 – Application
Rule 30.3 – State’s Response
Rule 30.4 – Reply
Rule 30.5 – Hearing
Rule 30.6 – Disposition
Rule 30.7 – Abrogated
Rule 31.1 – Scope; Precedence; Definitions
Rule 31.2 – Notice of Appeal or Notice of Cross-Appeal
Rule 31.3 – Suspension of these Rules; Suspension of an Appeal; Computation of Time; Modifying a Deadline
Rule 31.4 – Consolidation of Appeals
Rule 31.5 – Appointment of Counsel on Appeal; Waiver of the Right to Appellate Counsel
Rule 31.6 – Filing Documents with an Appellate Court; Document Format; Service and Proof of Service
Rule 31.7 – Stay of Proceedings
Rule 31.8 – The Record on Appeal
Rule 31.9 – Transmission of the Record to the Appellate Court
Rule 31.10 – Content of Briefs
Rule 31.11 – Appendix
Rule 31.12 – Length and of Briefs
Rule 31.13 – Due Dates; Filing and Service of Briefs
Rule 31.14 – Provisions Applicable Only to Briefs in Capital Case Appeals
Rule 31.15 – Amicus Curiae
Rule 31.16 – Supplemental Citation of Legal Authority
Rule 31.17 – Oral Argument in the Court of Appeals
Rule 31.18 – Petition for Transfer
Rule 31.19 – An Appellate Courts Orders and Decisions
Rule 31.20 – Motion for Reconsideration
Rule 31.21 – Petition for Review
Rule 31.22 – Appellate Court Mandates
Rule 31.23 – Warrant of Execution
Rule 31.24 – Voluntary Dismissal
Rule 31.25 – Abrogated
Rule 31.26 – Abrogated
Rule 31.27 – Abrogated
Rule 32.1 – Scope of Remedy
Rule 32.2 – Preclusion of Remedy
Rule 32.3 – Nature of a Post-Conviction Proceeding and Relation to Other Remedies
Rule 32.4 – Filing a Notice Requesting Post-Conviction Relief
Rule 32.5 – Appointment of Counsel
Rule 32.6 – Duty of Counsel; Self-Represented Defendant’s Petition; Waiver of Attorney-Client Privilege
Rule 32.7 – Petition for Post-Conviction Relief
Rule 32.8 – Transcript Preparation
Rule 32.9 – Response and Reply; Amendments
Rule 32.10 – Assignment of a Judge
Rule 32.11 – Court Review of the Petition, Response, and Reply; Further Proceedings
Rule 32.12 – Informal Conference
Rule 32.13 – Evidentiary Hearing
Rule 32.14 – Motion for Rehearing
Rule 32.15 – Notification to the Appellate Court
Rule 32.16 – Petition and Cross-Petition for Review
Rule 32.17 – Post-Conviction Deoxyribonucleic Acid Testing
Rule 32.18 – Stay of Execution of a Death Sentence on a Successive Petition
Rule 32.19 – Review of an Intellectual Disability Determination in Capital Cases
Rule 32.20 – Extensions of Time in a Capital Case; Victim Notice and Service
Rule 33.1 – Scope of Remedy
Rule 33.2 – Preclusion of Remedy
Rule 33.3 – Nature of a Post-Conviction Proceeding and Relation to Other Remedies
Rule 33.4 – Filing a Notice Requesting Post-Conviction Relief
Rule 33.5 – Appointment of Counsel
Rule 33.6 – Duty of Counsel; Self-Represented Defendant’s Petition; Waiver of Attorney-Client Privilege
Rule 33.7 – Petition for Post-Conviction Relief
Rule 33.8 – Transcription Preparation
Rule 33.9 – Response and Reply; Amendments
Rule 33.10 – Assignment of a Judge
Rule 33.11 – Court Review of the Petition, Response, and Reply; Further Proceedings
Rule 33.12 – Informal Conference
Rule 33.13 – Evidentiary Hearing
Rule 33.14 – Motion for Rehearing
Rule 33.15 – Notification to the Appellate Court
Rule 33.16 – Petition and Cross-Petition for Review
Rule 33.17 – Post-Conviction Deoxyribonucleic Acid Testing
Rule 34 – Subpoenas
Rule 35.1 – Definition
Rule 35.2 – Summary Disposition of Contempt
Rule 35.3 – Disposition of Contempt by Notice and Hearing
Rule 35.4 – Jury Trial; Disqualification of the Citing Judge
Rule 36 – Reserved
Rule 37.1 – Final Disposition Report
Rule 37.2 – States Duty to File a Disposition with the Court
Rule 37.3 – Reporting Procedure
Rule 37.4 – Procedure on Appeal
Rule 37.5 – Abrogated
Rule 38.1 – Application for a Suspension Order
Rule 38.2 – Resuming Prosecution
Rule 38.3 – Dismissal of Prosecution
Rule 39 – Victims Rights
Rule 40 – Transfer for Juvenile Prosecution
Form 1 – Reserved
Form 2 – Abrogated April 11, 2016, Effective July 1, 2016
Form 2(a) – Misdemeanor Arrest Warrant
Form 2(b) – Arrest Warrant: Limited Jurisdiction Courts
Form 2(c) – Abrogated
Form 2(d) – Abrogated
Form 2(e) – Abrogated
Form 2(f) – Abrogated
Form 2(g) – Abrogated
Form 2(h) – Abrogated
Form 3(a) – Summons: Ten-Print Fingerprint Required
Form 3(b) – Summons: Fingerprint Not Required
Form 4(a) – Release Questionnaire/Law Enforcement
Form 4(b) – Release Questionnaire/Defendant
Form 4(c) – Release Questionnaire
Form 5(a) – Defendants Financial Statement
Form 5(b) – Motion for Appointment of Counsel
Form 6 – Release Order
Form 7 – Appearance Bond
Form 7 – Attachment a
Form 8 – Notice of Right to Counsel and Waiver
Form 9 – Notice of Appearance
Form 10 – Waiver of Preliminary Hearing
Form 11 – Bind-over Order
Form 12 – Transmittal Certification
Form 13(a) – Indictment
Form 13(b) – Grand Jury Minutes
Form 14 – Information
Form 15(a) – Notice of Appointment of Mental Health Expert (Pre-Screen)
Form 15(b) – 11 Order and Stipulation
Form 15(c) – Notice of Appointment of Mental Health Expert-Competency
Form 15(d) – Notice of Appointment of Mental Health Expert -Mental Condition at Time of Offense
Form 16 – Reserved
Form 17 – Waiver of Right to be Present at Deposition
Form 18(a) – Felony Plea Agreement-Non-Capital
Form 18(b) – Misdemeanor Plea Agreement
Form 19 – Guilty/NO Contest Plea Proceeding
Form 20 – Waiver of Trial by Jury (Non-Capital)
Form 21 – Application to Vacate Conviction under A.R.S.section 13-909
Form 21(a) – Application to Vacate Conviction Under A.R.S. Section 13-90701
Form 22 – Transmittal of Record on Appeal to Superior Court
Form 23 – [Repealed]
Form 23(a) – Notice of Rights After Sentencing in the Superior Court (Non-Capital)
Form 23(b) – Notice of Rights After Sentencing in a Capital Case
Form 24(b) – Notice Requesting Post-Conviction Relief
Form 25 – Petition for Post-Conviction Relief
Form 25(b) – Checklist for No Colorable Claims (Rule 33)
Form 26 – Defendant’s Request for the Court Record
Form 27(a) – Subpoena
Form 27(b) – Subpoena – Alternative, Standby
Form 28 – Telephonic Guilty Plea/NO Contest Plea Proceedings
Form 28(a) – Instructions for Completing the for Entering a “Guilty/NO Contest Plea by Mail”
Form 29 – Entry of Not Guilty Plea and Advisements
Form 30 – Certificate of Compliance
Form 31(a) – Application to Set Aside Conviction
Form 31(b) – Order Regarding Application to Set Aside Conviction and Restore Firearm Rights
Form 32(a) – Application to Restore Civil Rights and Firearm Rights
Form 32(b) – Order Regarding Application to Restore Civil Rights and Firearm Rights