Home Table of Contents

Rule 5.8. Notice if an Arraignment is Not Held

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
II. Preliminary Proceedings
Rule 5. Preliminary Hearing (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 5.8
Rule 5.8. Notice if an Arraignment is Not Held
Currentness
(a) Notice. If a defendant is held to answer in a county where an arraignment is not held as provided in Rule 14.2(d), the magistrate must:
(1) enter a plea of not guilty for the defendant and provide the defendant and defense counsel with a notice specifying that a plea of not guilty has been entered;
(2) set dates for a trial or pretrial conference;
(3) advise the parties in writing of the dates set for further proceedings and other important deadlines;
(4) advise the defendant of the defendant's right to be present at all future proceedings, that any proceeding may be held in the defendant's absence, and that if the defendant fails to appear, the defendant may be charged with an offense and a warrant may be issued for the defendant's arrest; and
(5) advise the defendant of the right to a jury trial, if applicable.
(b) Notice Form. The magistrate must provide written notice to the defendant of the matters in (a). The defendant and defense counsel must sign the notice and return it to the court.
(v) Victims' Rights. Pursuant to A.R.S. ยง 13-4409, a victim has a right to receive notice from the prosecutor, on request, of dates for further proceedings.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 5.8, AZ ST RCRP Rule 5.8
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
End of Document