Arizona

Criminal Procedure

Criminal Procedure

Rule 24.2 – Motion to Vacate Judgment

(a)Grounds. The court must vacate a judgment if it finds that:

(1) the court did not have jurisdiction;
(2) newly discovered material facts exist satisfying the standards in Rule 32.1(e); or
(3) the conviction was obtained in violation of the United States or Arizona constitutions.
(b)Time for Filing. A party must file a motion under this rule no later than 60 days after the entry of judgment and sentence, or, if a notice of appeal has already been filed under Rule 31, no later than 15 days after the appellate clerk distributes a notice under Rule 31.9(e) that the record on appeal has been filed.
(c)Motion Filed After Notice of Appeal. If a party files a motion to vacate judgment after a notice of appeal is filed, the superior court clerk must immediately send copies of the motion to the Attorney General and to the clerk of the appellate court in which the appeal was filed.
(d)Appeal from a Decision on the Motion. In noncapital cases, the party appealing a final decision on the motion must file a notice of appeal with the trial court clerk no later than 20 days after entry of the decision for a superior court case, or no later than 14 days after entry of the decision for a limited jurisdiction court case. In a capital case, if the court denies the motion, it must order the clerk to file a notice of appeal from that denial.
(e)State’s Motion to Vacate Judgment. Notwithstanding (b), the State may move the court to vacate the judgment at any time after the entry of judgment and sentence if:

(1) clear and convincing evidence exists establishing that the defendant was convicted of an offense that the defendant did not commit; or
(2) the conviction was based on an erroneous application of the law.

Ariz. R. Crim. P. 24.2

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

COMMENT

Rules 24.2 and 24.3 replace the criminal rules’ pre-1974 reliance on Rule 60(c) of the Arizona Rules of Civil Procedure with specifically criminal post-trial remedies of similarly broad scope. Rule 60(c) does not have any further application to criminal cases.

Rule 24.2(a). If a motion under Rule 24.2 has been filed but not decided within 15 days after the appellate court distributes a notice under Rule 31.9(e) that the record on appeal has been filed, both trial and appellate courts will have jurisdiction. If the trial court grants the Rule 24.2 motion, the appeal may be mooted after the record for the appeal has been completed. The rules include the following mechanism to alleviate most confusion–notice to the appellate court of the Rule 24.2 motion (Rules 31.2(e)(4) and 24.2(c) ); the appellate court’s power to stay the appeal pending determination of the Rule 24.2 motion (Rule 31.3(b) ); and the direction in Rule 31.3(c) that, more than 15 days after the clerk distributes a notice under Rule 31.9(e) that the record on appeal has been filed, all new matters be addressed to the appellate court.

Rule 24.2(c). Rule 24.2(c) is intended to minimize problems caused by concurrent jurisdiction in the trial and appellate courts. The rule requires that notice be given only of Rule 24.2 motions brought after a notice of appeal has been filed.

Although A.R.S. ยง 13-121 states as a jurisdictional requirement that notice of all proceedings brought in the trial court after judgment and sentence be sent to the attorney general, the requirement does not apply to motions filed within the ambit of the trial court’s original trial jurisdiction.

Rule 24.2(d). Rule 31.2(h) requires that a party seeking appellate review of a Rule 24 order that was issued after a notice of appeal or cross-appeal has been filed under Rule 31.2 must file an amended notice of appeal.

HISTORICAL AND STATUTORY NOTES

Former Rule 24.2, relating to motion to vacate judgment, was abrogated effective January 1, 2018.