Arizona

Criminal Procedure

Criminal Procedure

Rule 8.2 – Time Limits

(a)Generally. Subject to Rule 8.4, the court must try every defendant against whom an indictment, information, or complaint is filed within the following times:

(1)Defendants in Custody. No later than 150 days after arraignment if the defendant is in custody, except as provided in (a)(3).
(2)Defendants out of Custody. No later than 180 days after arraignment if the defendant is released under Rule 7, except as provided in (a)(3).
(3)Defendants in Complex Cases. No later than 270 days after arraignment if the defendant is charged with any of the following:

(A) first degree murder, except as provided in (a)(4);
(B) offenses that will require the court to consider evidence obtained as the result of an order permitting the interception of wire, electronic, or oral communication; or
(C) any case the court determines by written factual findings to be complex.
(4)Capital Cases. No later than 24 months after the date the State files a notice of intent to seek the death penalty under Rule 15.1(i).
(b)Waiver of Appearance at Arraignment. If a defendant waives an appearance at arraignment under Rule 14.3, the date of an arraignment held in the defendant’s absence is deemed to be the arraignment date.
(c)New Trial. A trial ordered after a mistrial or the granting of a new trial must begin no later than 60 days after entry of the court’s order. A trial ordered upon an appellate court’s reversal of a judgment must begin no later than 90 days after the appellate court issues its mandate. A new trial ordered by a state court under Rule 32 or a federal court under collateral review must begin no later than 90 days after entry of the court’s order.
(d)Extension of Time Limits. The court may extend the time limits in (a) and (c) under Rule 8.5.
(e)Specific Date for Trial. The superior court must set a specific trial date either at the arraignment or a pretrial conference, unless the court has suspended Rule 8.

Ariz. R. Crim. P. 8.2

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

HISTORICAL AND STATUTORY NOTES

Former Rule 8.2, relating to time limits, was abrogated effective January 1, 2018.