Arizona

Criminal Procedure

Criminal Procedure

Rule 14.2 – When an Arraignment is Held

(a)Generally. An arraignment must be held:

(1) for defendants in custody, no later than 10 days after the filing of an indictment, information, or complaint; and
(2) for defendants not in custody, no later than 30 days after the filing of an indictment, information, or complaint.
(b)Exception for Special Situations. If the court cannot hold the arraignment within the time specified in (a) because the defendant has not yet been arrested or summoned, or is in custody elsewhere, the court must hold the arraignment as soon as possible after those time periods.
(c)Exceptions for Limited Jurisdiction Courts. An arraignment is not necessary if:

(1) the defense counsel has entered a plea of not guilty; or
(2) the court permits a defendant to enter a not-guilty plea by mail and to receive notice of a court date by mail. Delivery of the notice is presumed if the notice is deposited in the U.S. mail, addressed to the defendant’s last known address, and the notice is not returned to the court.
(d)Exception for Superior Court. The superior court is not required to conduct an arraignment after the filing of an indictment or information if the presiding judge issues an order that Rule 14 does not apply to superior court cases in that county.
(e)Combined Proceedings. If the defendant’s first court appearance occurs after the State files a complaint and if the initial appearance is held in the trial court, the court may hold the arraignment in conjunction with the initial appearance before the magistrate. If the initial appearance is not held in the trial court, the court must order the defendant to appear for arraignment in the trial court no later than 10 days after the initial appearance, and a written notice of the arraignment date must be delivered to the defendant.

Ariz. R. Crim. P. 14.2

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

HISTORICAL AND STATUTORY NOTES

Former Rule 14.2, relating to presence of the defendant, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 14.3.