Skip to main content

← Arizona Arizona Rules of Criminal Procedure

Part I — General Provisions

1.1 Scope
1.10 Computation of Time D
1.2 Purpose and Construction
1.3 Victim Participation
1.4 Definitions
1.5 Interactive Audiovisual Systems
1.6 Form of Documents
1.7 Filing and Service of Documents
1.8 Clerk's Distribution of Minute Entries and Other Documents
1.9 Motions, Oral Argument, and Proposed Orders D

Part II — Preliminary Proceedings

2.1 Misdemeanors D
2.2 Felonies
2.3 Content of Complaint
2.4 Duty of Magistrate upon Presentation of Complaint or Affidavit Under A.R.S. § 13 3897(a)
2.5 Refusal to Provide a DNA Sample
2.6 Search Warrant Applications and Returns; Maintenance of Search Warrant Records; Data Collection
2.7 Pre–Charge Arrest Warrants (a.R.S. § 13–3897(a)) D
3.1 Issuance of Summons or Warrant
3.2 Content of a Warrant or Summons D
3.3 Execution and Return of Warrant; Defective Warrants
3.4 Service of Summons D
4.1 Procedure upon Arrest D
4.2 Initial Appearance D
4.3 Initial Appearance Masters
5.1 Right to a Preliminary Hearing; Waiver; Continuance D
5.2 Summoning Witnesses; Record of Proceedings
5.3 Nature of the Preliminary Hearing
5.4 Determining Probable Cause
5.5 Review of a Magistrate's Probable Cause Determination D
5.6 Transmittal and Transcription of the Record D
5.7 Preservation of Recording
5.8 Notice if an Arraignment is Not Held

Part III — Rights of Parties

6.1 Right to Counsel; Right to Appointment of an Attorney; Waiver of the Right to Counsel; Authority of a Legal Paraprofessional
6.2 Appointment of Counsel for Indigent Defendants
6.3 Duties of Counsel; Withdrawal
6.4 Determining Whether a Person is Indigent
6.5 Manner of Appointment
6.6 Compensation of Appointed Counsel
6.7 Appointment of Investigators and Expert Witnesses for Indigent Defendants D
6.8 Standards for Appointment and Performance of Counsel in Capital Cases D
7.1 Definitions D
7.2 Right to Release D
7.3 Conditions of Release D
7.4 Procedure D
7.5 Review of Conditions; Revocation of Release
7.6 Transfer and Disposition of Bond D
7.7 Detaining a Juvenile Transferred for Criminal Prosecution or Charged Pursuant to A.R.S. § 13–501 D
8.1 Priorities in Scheduling Criminal Cases D
8.2 Time Limits D
8.3 Prisoner's Right to a Speedy Trial D
8.4 Excluded Periods D
8.5 Continuing a Trial Date
8.6 Denial of Speedy Trial
8.7 Accelerating Trial
9.1 The Defendant's Waiver of the Right to be Present
9.2 Defendant's Forfeiture of the Right to be Present Due to Disruptive Conduct
9.3 Exclusion of Witnesses and Spectators
10.1 Change of Judge for Cause D
10.2 Change of Judge as a Matter of Right D
10.3 Changing the Place of Trial
10.4 Transfer to Another County
11.1 Definitions, Effect of Incompetence, and Right to Counsel
11.2 Motion for an Examination of a Defendant's Competence to Stand Trial D
11.3 Appointment of Experts D
11.4 Disclosure of Experts' Reports D
11.5 Hearing and Orders D
11.6 Later Hearings D
11.7 Privilege and Confidentiality
11.8 Examination of a Defendant's Mental Status at the Time of the Offense D
11.9 Capital Cases

Part IV — Pretrial Procedures

13.1 Definitions and Construction
13.2 Timeliness of an Information and Dismissal D
13.3 Joinder
13.4 Severance D
13.5 Amending Charges; Defects in the Charging Document
14.1 General Provisions
14.2 When an Arraignment is Held D
14.3 The Defendant's Presence D
14.4 Proceedings at Arraignment D
14.5 Proceedings in Counties Where NO Arraignment is Held D
15.1 The State's Disclosures D
15.2 The Defendant's Disclosures D
15.3 Depositions D
15.4 Disclosure Standards D
15.5 Excision and Protective Orders D
15.6 Continuing Duty to Disclose; Final Disclosure Deadline; Extension D
15.7 Disclosure Violations and Sanctions
15.8 Disclosure Before a Plea Agreement Expires or is Withdrawn; Sanctions D
16.1 General Provisions D
16.2 Procedure on Pretrial Motions to Suppress Evidence
16.3 Pretrial Conference
16.4 Dismissal of Prosecution

Part V — Pleas of Guilty and No Contest

17.1 The Defendant's Plea
17.2 Advising of Rights and Consequences of a Guilty or NO Contest Plea
17.3 A Court's Duty to Determine Whether a Plea is Entered Voluntarily and Intelligently
17.4 Plea Negotiations and Agreements
17.5 Withdrawal of a Plea
17.6 Admitting a Prior Conviction
17.7 Submitting a Case on the Record

Part VI — Trial

18.1 Trial by Jury
18.2 Additional Jurors
18.3 Jurors' Information
18.4 Challenges
18.5 Procedure for Jury Selection
18.6 Jurors' Conduct
19.1 Conduct of Trial
19.2 Presence of the Defendant at Trial
19.3 Admonitions
19.4 A Judge's Death, Illness, or Other Incapacity
19.5 Sequestration
20 Judgment of Acquittal or Unproven Aggravator D
21.1 Applicable Law
21.2 Requests for Instructions and Verdict Forms D
21.3 Rulings on Instructions and Verdict Forms
21.4 Verdict Forms for Necessarily Included Offenses or Attempts
22.1 Instructions and Retirement
22.2 Materials Used During Deliberations
22.3 Repeating Testimony and Additional Instructions
22.4 Assisting Jurors at Impasse
22.5 Discharging a Jury
23.1 Form of Verdict; Sealed Verdict
23.2 Types of Verdicts
23.3 Polling the Jury

Part VII — Post-Verdict Proceedings

24.1 Motion for New Trial D
24.2 Motion to Vacate Judgment D
24.3 Modification of Sentence D
24.4 Clerical Error
25 Procedure After a Verdict or Finding of Guilty Except Insane
26.1 Definitions; Scope
26.10 Pronouncement of Judgment and Sentence D
26.11 A Court's Duty After Pronouncing Sentence D
26.12 Defendant's Compliance with Monetary and Non–Monetary Terms of a Sentence
26.13 Multiple Sentences
26.14 Resentencing
26.15 Special Procedures upon Imposing a Death Sentence
26.16 Entry of Judgment and Sentence; Warrant of Authority to Execute Sentence
26.2 Time to Render Judgment
26.3 Sentencing Date and Time Extensions D
26.4 Presentence Report D
26.5 Diagnostic Evaluation and Mental Health Examination
26.6 Court Disclosure of Reports Before Sentencing D
26.7 Presentencing Hearing; Prehearing Conference D
26.8 The State's Disclosure Duty; Objections and Corrections to a Presentence Report D
26.9 The Defendant's Presence
27.1 Conditions and Regulations of Probation
27.10 Probation Review Hearing Regarding Sex Offender Registration D
27.2 Intercounty Transfers D
27.3 Modification of Conditions or Regulations
27.4 Early Termination of Probation
27.5 Order and Notice of Discharge
27.6 Petition to Revoke Probation and Securing the Probationer's Presence; Release Determination
27.7 Initial Appearance After Arrest
27.8 Probation Revocation D
27.9 Admissions by the Probationer
28.1 Duties of Clerk D
28.2 Disposition of Evidence and Illustrative AIDS D
28.3 Retroactive Application
29.1 Grounds; Notice
29.2 Application D
29.3 State's Response D
29.4 Reply D
29.5 Hearing D
29.6 Disposition
29.7 Certificate of Second Chance D
29.8 Special Provisions for Sex Trafficking Victims
30.1 Automatic Restoration; Exceptions; Notice D
30.2 Application D
30.3 State's Response D
30.4 Reply D
30.5 Hearing D
30.6 Disposition D

Part VIII — Appeal and Other Post-Conviction Relief

32.1 Scope of Remedy
32.10 Assignment of a Judge
32.11 Court Review of the Petition, Response, and Reply; Further Proceedings D
32.12 Informal Conference D
32.13 Evidentiary Hearing D
32.14 Motion for Rehearing D
32.15 Notification to the Appellate Court D
32.16 Petition and Cross-Petition for Review D
32.17 Post-Conviction Deoxyribonucleic Acid Testing D
32.18 Stay of Execution of a Death Sentence on a Successive Petition
32.19 Review of an Intellectual Disability Determination in Capital Cases D
32.2 Preclusion of Remedy
32.20 Extensions of Time in a Capital Case; Victim Notice and Service D
32.3 Nature of a Post–Conviction Proceeding and Relation to Other Remedies
32.4 Filing a Notice Requesting Post-Conviction Relief D
32.5 Appointment of Counsel D
32.6 Duty of Counsel; Self-Represented Defendant's Petition; Waiver of Attorney-Client Privilege D
32.7 Petition for Post–Conviction Relief D
32.8 Transcript Preparation D
32.9 Response and Reply; Amendments D
33.1 Scope of Remedy
33.10 Assignment of a Judge
33.11 Court Review of the Petition, Response, and Reply; Further Proceedings D
33.12 Informal Conference
33.13 Evidentiary Hearing D
33.14 Motion for Rehearing D
33.15 Notification to the Appellate Court D
33.16 Petition and Cross-Petition for Review D
33.17 Post-Conviction Deoxyribonucleic Acid Testing D
33.2 Preclusion of Remedy
33.3 Nature of a Post-Conviction Proceeding and Relation to Other Remedies
33.4 Filing a Notice Requesting Post-Conviction Relief D
33.5 Appointment of Counsel D
33.6 Duty of Counsel; Self-Represented Defendant's Petition; Waiver of Attorney-Client Privilege D
33.7 Petition for Post–Conviction Relief D
33.8 Transcription Preparation D
33.9 Response and Reply; Amendments D

Part IX — Miscellaneous

34 Subpoenas
35.1 Definition
35.2 Summary Disposition of Contempt D
35.3 Disposition of Contempt by Notice and Hearing
35.4 Jury Trial; Disqualification of the Citing Judge D
36 Expunging Marijuana Records and Restoring Civil Rights D
36.1 Sealing Arrest, Conviction, and Sentencing Records D
37.1 Final Disposition Report D
37.2 State's Duty to File a Disposition Form with the Court D
37.3 Reporting Procedure
37.4 Procedure on Appeal
38.1 Application for a Suspension Order D
38.2 Resuming Prosecution D
38.3 Dismissal of Prosecution D
39 Victims' Rights D
40 Transfer for Juvenile Prosecution D
41 Forms

Arizona Search About

Arizona Rules of Criminal Procedure

Part VI · Trial

Rule 21.1. Applicable Law

Amended January 1, 2025 (current)

Except as otherwise provided, the procedures in Arizona Rule of Civil Procedure 51 apply in criminal proceedings.

Source: Ariz. R. Crim. P. 21.1

Federal Rules · State Rules · Readable Regs · About · Privacy

Want a feature or see a problem? contact@ctibs.app