Arizona

Criminal Procedure

Criminal Procedure

Rule 13.5 – Amending Charges; Defects in the Charging Document

(a)Prior Convictions and Other Noncapital Sentencing Allegations; Challenges. Within the time limits of Rule 16.1(b), the State may amend an indictment, information, or complaint to add allegations of one or more prior convictions and other noncapital sentencing allegations that must be found by a jury. A defendant may challenge the legal sufficiency of the State’s allegations by filing a motion under Rule 16.
(b)Altering Charges; Amending to Conform to the Evidence. A preliminary hearing or grand jury indictment limits the trial to the specific charge or charges stated in the magistrate’s order or the grand jury indictment. Unless the defendant consents, a charge may be amended only to correct mistakes of fact or remedy formal or technical defects. The charging document is deemed amended to conform to the evidence admitted during any court proceeding. Nothing in this rule precludes the defendant from consenting to the addition of a charge as part of a plea agreement.
(c)Amending to Conform to Capital Sentencing Allegation; Challenges. The filing of a notice to seek the death penalty that includes aggravating circumstances amends the charging document, and the State is not required to file any further pleading. A defendant may challenge the legal sufficiency of the State’s allegation by filing a motion under Rule 16.
(d)Defects in Charging Document. A defendant may object to a defect in the charging document only by filing a motion under Rule 16.

Ariz. R. Crim. P. 13.5

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

HISTORICAL AND STATUTORY NOTES

Former Rule 13.5, relating to amendment of the charges and defects in the charging document, was abrogated effective January 1, 2018.