Arizona

Criminal Procedure

Criminal Procedure

Rule 33.13 – Evidentiary Hearing

(a) Generally. The defendant is entitled to a hearing to determine issues of material fact and has the right to be present and to subpoena witnesses for the hearing. The court may order the hearing to be held at the defendant’s place of confinement if facilities are available and after giving at least 15 days’ notice to the officer in charge of the confinement facility. In superior court proceedings, the court must make a verbatim record.
(b) Evidence. The Arizona Rules of Evidence applicable to criminal proceedings apply at the hearing, except that the defendant may be called to testify.
(c) Burden of Proof. The defendant has the burden of proving factual allegations by a preponderance of the evidence. If the defendant proves a constitutional violation, the State has the burden of proving beyond a reasonable doubt that the violation was harmless.
(d) Decision.

(1)Findings and Conclusions. The court must make specific findings of fact and expressly state its conclusions of law relating to each issue presented.
(2)Decision in the Defendant’s Favor. If the court finds in the defendant’s favor, it must enter appropriate orders concerning:

(A) the conviction, sentence, or detention;
(B) any further proceedings, including setting the matter for trial and conditions of release; and
(C) other matters that may be necessary and proper.
(e) Transcript. On a party’s request, the court must order the preparation of a certified transcript of the evidentiary hearing. The request must be made within the time allowed for filing a petition for review. If the defendant is indigent, preparation of the evidentiary hearing transcript will be at county expense.

Ariz. R. Crim. P. 33.13

Adopted August 29, 2019, effective January 1, 2020.