Arizona

Criminal Procedure

Criminal Procedure

Rule 10.3 – Changing the Place of Trial

(a)Grounds. A party is entitled to change the place of trial to another county if the party shows that the party cannot have a fair and impartial trial in that place for any reason other than the trial judge’s interest or prejudice.
(b)Prejudicial Pretrial Publicity. If the grounds to change the place of trial are based on pretrial publicity, the moving party must prove that the dissemination of the prejudicial material probably will result in the party being deprived of a fair trial.
(c)Procedure. A party seeking to change the place of trial must file a motion seeking that relief. The motion must be filed before trial, and, in superior court, at or before a pretrial conference.
(d)Waiver. A party loses the right to change the place of trial if the party allows a proceeding to begin or continue without raising a timely objection after learning of the cause for challenge.
(e)Renewal on Remand. If an appellate court remands an action for a new trial on one or more offenses charged in an indictment or information, all parties’ rights to change the place of trial are renewed, and no event connected with the first trial constitutes a waiver.

Ariz. R. Crim. P. 10.3

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

HISTORICAL AND STATUTORY NOTES

Former Rule 10.3, relating to change of the place of trial, was abrogated effective January 1, 2018.