Arizona

Criminal Procedure

Criminal Procedure

Rule 24.1 – Motion for New Trial

(a)The Court’s Authority. After a verdict in any phase of trial, capital or noncapital, the court may order a new trial or phase of trial on the defendant’s motion or on its own, with the defendant’s consent.
(b)Timeliness. A party must file a motion for a new trial no later than 10 days after return of the verdict being challenged. This deadline is jurisdictional and the court may not extend it.
(c)Grounds. The court may grant a new trial or phase of trial if:

(1) the verdict is contrary to law or the weight of the evidence;
(2) the State is guilty of misconduct;
(3) one or more jurors committed misconduct by:

(A) receiving evidence not admitted during the trial or phase of trial;
(B) deciding the verdict by lot;
(C) perjuring himself or herself, or willfully failing to respond fully to a direct question posed during the voir dire examination;
(D) receiving a bribe or pledging his or her vote in any other way;
(E) being intoxicated during trial proceedings or deliberations; or
(F) conversing before the verdict with any interested party about the outcome of the case;
(4) the court erred in deciding a matter of law or in instructing the jury on a matter of law; or
(5) for any other reason, not due to the defendant’s own fault, the defendant did not receive a fair and impartial trial or phase of trial.
(d)Admissibility of Juror Evidence to Impeach the Verdict. If a verdict’s validity is challenged under (c)(3), the court may receive the testimony or affidavit of any witness, including members of the jury, that relates to the conduct of a juror, a court official, or a third person. But the court may not receive testimony or an affidavit that relates to the subjective motives or mental processes leading a juror to agree or disagree with the verdict.

Ariz. R. Crim. P. 24.1

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

HISTORICAL AND STATUTORY NOTES

Former Rule 24.1, relating to motion for new trial, was abrogated effective January 1, 2018.