Arizona

Criminal Procedure

Criminal Procedure

Rule 32.4 – Filing a Notice Requesting Post-Conviction Relief

(a)Generally. A defendant starts a Rule 32 proceeding by filing a Notice Requesting Post-Conviction Relief.
(b)Notice Requesting Post-Conviction Relief.

(1)Where to File; Forms. A defendant must file a notice requesting post-conviction relief under Rule 32 in the court where the defendant was sentenced. The court must make “notice” forms available for defendants.
(2)Content of the Notice. The notice must contain the caption of the original criminal case or cases to which it pertains, and all information shown in Rule 41, Form 24(b).
(3)Time for Filing.

(A)Claims under Rule 32.1(a). A defendant must file the notice for a claim under Rule 32.1(a) within 90 days after the oral pronouncement of sentence or within 30 days after the issuance of the mandate in the direct appeal, whichever is later.
(B)Claims under Rule 32.1(b) through (h). A defendant must file the notice for a claim under Rule 32.1(b) through (h) within a reasonable time after discovering the basis of the claim.
(C)Time for Filing a Notice in a Capital Case. In a capital case, the Supreme Court clerk must expeditiously file a notice requesting post-conviction relief with the trial court upon the issuance of the mandate affirming the defendant’s conviction and sentence on direct appeal.
(D)Excusing an Untimely Notice. The court must excuse an untimely notice requesting post-conviction relief filed under subpart (3)(A) if the defendant adequately explains why the failure to timely file a notice was not the defendant’s fault.
(4)Duty of the Clerk upon Receiving a Notice.

(A)Superior Court. Upon receiving a notice, the superior court clerk must file the notice in the record of each original case to which it pertains. The clerk must promptly send copies of the notice to the defendant, defendant’s counsel, the prosecuting attorney’s office, and the Attorney General. The clerk must note in the record the date and manner of sending copies of the notice.
(B)Justice or Municipal Court. If the conviction occurred in a limited jurisdiction court, upon receiving a notice from a defendant, the limited jurisdiction court clerk must send a copy of the notice to the prosecuting attorney who represented the State at trial, and to defendant’s counsel or the defendant, if self-represented. The clerk must note in the record the date and manner of sending copies of the notice.
(C)Notice to an Appellate Court. If an appeal of the defendant’s conviction or sentence is pending, the clerk must send a copy of the notice of postconviction relief to the appropriate appellate court within 5 days of its filing and must note in the record the date and manner of sending the copy.
(5)Duty of the State upon Receiving a Notice. Upon receiving a copy of a notice, the State must notify any victim who has requested notification of post-conviction proceedings.

Ariz. R. Crim. P. 32.4

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

COMMENT TO RULE 32.4(a)

A Notice Requesting Post-Conviction Relief informs the trial court of a possible need to appoint an attorney for the defendant as provided in Rule 32.5. The Notice Requesting Post-Conviction Relief also assists the court in deciding whether to summarily dismiss the proceeding as untimely or precluded.

COMMENT TO RULE 32.4(b)(4)(C)

If a petition is filed while an appeal is pending, the appellate court, under Rule 31.3(b), may suspend the appeal until the petition is adjudicated. Any appeal from the decision on the petition will then be joined with the appeal from the judgment or sentence. See Rule 3l.4(b) (requiring consolidation unless good cause exists not to do so).