Arizona

Criminal Procedure

Rule 32.11 – Court Review of the Petition, Response, and Reply; Further Proceedings

(a)Summary Disposition. If, after identifying all precluded and untimely claims, the court determines that no remaining claim presents a material issue of fact or law that would entitle the defendant to relief under this rule, the court must summarily dismiss the petition.
(b)Setting a Hearing.If the court does not summarily dismiss the petition, it must set a status conference or a hearing within 30 days.
(c)Notice to Victim. If the court sets a hearing, the State must notify any victim of the time and place of the hearing if the victim has requested such notice under a statute or court rule relating to victims’ rights.
(d)Defendant’s Competence. The court may order a competency evaluation if the defendant’s competence is necessary for the presentation of a claim.

Ariz. R. Crim. P. 32.11

Added by August 31, 2017, effective January 1, 2018; amended August 29, 2019, effective January 1, 2020.