Arizona

Criminal Procedure

Criminal Procedure

Rule 12.28 – Challenge to State Grand Jury, Grand Juror, or Grand Jury Proceedings

(a)Grounds for Challenge.

(1) A state grand jury may be challenged only on the ground that the state grand jurors were not drawn or selected according to law or Rule 12.22.
(2) An individual state grand juror may be challenged only on the ground that the juror is not qualified to sit on the state grand jury or on a particular matter.
(3) A defendant may challenge the grand jury proceeding under Rule 12.9.
(b)Method of Challenge.

(1) A challenge by the State to a state grand jury or a state grand juror must be directed to the assignment judge.
(2) A defendant may not challenge a state grand jury or a state grand juror until after the indictment has been returned.
(3) Any challenge made after the grand jurors are sworn must be in writing.
(c)Relief. If the court grants a motion under Rule 12.9(a), the Attorney General or the Attorney General’s designee may proceed with the prosecution of the case by filing a complaint under Rule 2 or by resubmitting the matter to the same state grand jury or to another grand jury. On motion or on its own, the court must dismiss the case without prejudice unless a complaint is filed, or a grand jury consideration begins, no later than 15 days after the order is entered granting the motion under Rule 12.9(a).

Ariz. R. Crim. P. 12.28

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

HISTORICAL AND STATUTORY NOTES

Former Rule 12.28, relating to challenge to State Grand Jury proceedings, was abrogated effective January 1, 2018.