Arizona

Criminal Procedure

Criminal Procedure

Rule 28.1 – Duties of the Clerk

(a)Retention of Records and Evidence. The clerk receives and maintains all court filings and evidence admitted in criminal cases.
(b)Destruction of Certain Records.

(1)Generally. When a case is no longer subject to modification, the clerk must destroy certain records under retention and destruction schedules established by the Supreme Court.
(2)Definition of “Subject to Modification.” A case is no longer “subject to modification:”

(A) after the defendant is acquitted or the court dismisses with prejudice the charges against the defendant;
(B) 60 days after the entry of judgment and sentence, unless a party files a notice of appeal or a post-trial motion;
(C) 90 days after either a court denies a post-trial motion or receives an appellate court mandate affirming the defendant’s conviction, unless a petition for writ of certiorari is filed with the United States Supreme Court;
(D) 25 days after the United States Supreme Court denies certiorari or issues a mandate affirming a conviction, unless a petition for rehearing is filed;
(E) after the United States Supreme Court denies a petition for rehearing; or
(F) one year after exhausting all state remedies if the defendant did not file a petition for habeas corpus, or after exhausting all federal remedies if the defendant filed a petition for a writ of habeas corpus.
(c)Court Reporter Notes. Court reporters’ notes must be retained under retention and destruction schedules established by the Supreme Court.

Ariz. R. Crim. P. 28.1

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

HISTORICAL AND STATUTORY NOTES

Former Rule 28.1, relating to duties of the clerk, was abrogated effective January 1, 2018.