Arizona

Criminal Procedure

Criminal Procedure

Rule 8.4 – Excluded Periods

(a)Generally. Delays caused or resulting from the following time periods are excluded from the time computations set forth in Rules 8.2 and 8.3:

(1) those caused by or on behalf of the defendant, whether or not intentional or willful, including, but not limited to, delays caused by an examination and hearing to determine competency or intellectual disability, the defendant’s absence or incompetence, or the defendant’s inability to be arrested or taken into custody in Arizona;
(2) a remand for a new probable cause determination under Rules 5.5 or 12.9;
(3) a time extension for disclosure under Rule 15.6;
(4) trial calendar congestion, but only if the congestion is due to extraordinary circumstances, in which case the presiding judge must promptly apply to the Supreme Court Chief Justice to suspend Rule 8 or any other Rule of Criminal Procedure;
(5) continuances granted under Rule 8.5;
(6) joinder for trial with another defendant for whom the time limits have not run, if good cause exists for denying severance, but in all other cases, severance should be granted to preserve the applicable time limits; and
(7) the setting of a transfer hearing under Rule 40.
(b)Excluding Time After a Finding of Competency or Restoration. If a court finds that a defendant is competent, has been restored to competency, or is no longer absent, and if the finding is made within 30 days of when the time limits in Rules 8.2 and 8.3 will otherwise expire, the court must exclude an additional 30 days in computing the time limits under those rules.

Ariz. R. Crim. P. 8.4

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

HISTORICAL AND STATUTORY NOTES

Former Rule 8.4, relating to excluded periods, was abrogated effective January 1, 2018.