Arizona

Criminal Procedure

Criminal Procedure

Rule 16.3 – Pretrial Conference

(a)Generally. A court may conduct one or more pretrial conferences. The court may establish procedures and requirements that are necessary to accomplish a conference’s objectives, including identifying appropriate cases for pretrial conferences, identifying who must attend, and determining sanctions for failing to attend. A superior court must conduct at least one pretrial conference.
(b)Objectives. The objectives of a pretrial conference may include:

(1) providing a forum and a process for the fair, orderly, and just disposition of cases without trial;
(2) permitting the parties, without prejudice to their rights to trial, to engage in disclosure and to conduct negotiations for dispositions without trial;
(3) discussing compliance with discovery requirements set forth in these rules and constitutional law; and
(4) enabling the court to set a trial date.
(c)Duty to Confer. The court may require the parties to confer and submit memoranda before the conference.
(d)Scope of Proceeding. At the conference, the court may:

(1) hear motions made at or filed before the conference;
(2) set additional pretrial conferences and evidentiary hearings as appropriate;
(3) obtain stipulations to relevant facts; and
(4) discuss and determine any other matters that will promote a fair and expeditious trial, including imposing time limits on trial proceedings, using juror notebooks, giving brief pre-voir dire opening statements and preliminary instructions, and managing documents and exhibits effectively during trial.
(e)Stipulated Evidence. At a pretrial conference or any time before the start of an evidentiary hearing, the parties may submit any issue to the court for decision based on stipulated evidence.
(f)Record of Proceedings. Proceedings at a pretrial conference must be on the record.

Ariz. R. Crim. P. 16.3

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

HISTORICAL AND STATUTORY NOTES

Former Rule 16.3, relating to procedure on omnibus hearings, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 16.5.