Arizona

Criminal Procedure

Criminal Procedure

Rule 29.2 – Application

(a)Contents. An application under this rule must include the applicant’s name, address, date of birth, and signature, the offenses for which the applicant was convicted, the place and date of conviction, the sentence imposed, the status of victim restitution payment and other court-ordered monetary obligations, and the relief the applicant is requesting. The applicant must attach to the application any documents and affidavits required by law and may attach other supporting documents and affidavits.
(b)Place of Filing and Filing Fee. The applicant must file an application with the court that sentenced the applicant. The clerk may not charge a fee for filing or docketing an application.
(c)Processing of Application. The court must send a copy of the application to the applicable prosecuting agency no later than 10 days after filing.
(d)Victim Notification. The victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have a judgment of conviction set aside. If the victim requested postconviction notice, the prosecuting agency must provide the victim with notice of the defendant’s application and of the rights provided to the victim. The prosecuting agency must provide notice to the victim of the opportunity to be heard if the victim requested post-conviction notification.

Ariz. R. Crim. P. 29.2

Added August 31, 2017, effective January 1, 2018; amended on an emergency basis June 15, 2018, effective August 3, 2018, adopted on a permanent basis December 13, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 29.2, relating to contents, place of filing, and service of applications, was abrogated effective January 1, 2018.