Arizona

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

Rule 12.5 – Appearance of a Person Under Investigation

(a)The Person. A person under investigation by the grand jury may be compelled to appear before the grand jury, or may be permitted to appear upon the person’s written request. The person must be advised of the right to remain silent and the right to have counsel present to advise the person while giving testimony.

(b)Counsel. If counsel accompanies the person under investigation, counsel may not communicate, or attempt to communicate, with anyone other than the person. The foreperson may expel counsel from the grand jury session if counsel violates this rule.

Ariz. R. Crim. P. 12.5

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

HISTORICAL AND STATUTORY NOTES

Former Rule 12.5, relating to persons authorized to be present during sessions of the grand jury, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 12.4.

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