Home Table of Contents

Rule 16.3. Pretrial Conference

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: August 29, 2022

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV. Pretrial Procedures
Rule 16. Pretrial Motions and Hearings (Refs & Annos)
Effective: August 29, 2022
16A A.R.S. Rules Crim.Proc., Rule 16.3
Formerly cited as AZ ST RCRP Rule 16.5
Rule 16.3. Pretrial Conference
(a) Generally. A court may conduct one or more pretrial conferences. The court may establish procedures and requirements that are necessary to accomplish a conference's objectives, including identifying appropriate cases for pretrial conferences, identifying who must attend, and determining sanctions for failing to attend. A superior court must conduct at least one pretrial conference.
(b) Objectives. The objectives of a pretrial conference may include:
(1) providing a forum and a process for the fair, orderly, and just disposition of cases without trial;
(2) permitting the parties, without prejudice to their rights to trial, to engage in disclosure and to conduct negotiations for dispositions without trial;
(3) discussing compliance with discovery requirements set forth in these rules and constitutional law; and
(4) enabling the court to set a trial date.
(c) Duty to Confer. Before the conference, the court may require the parties to confer and submit memoranda, including questions for a case-specific written questionnaire and all other oral and written questions to be asked of prospective jurors during voir dire.
(d) Scope of Proceeding. At the conference, the court may:
(1) hear motions made at or filed before the conference;
(2) set additional pretrial conferences and evidentiary hearings as appropriate;
(3) obtain stipulations to relevant facts;
(4) discuss the use of case-specific written questionnaires and determine the areas of inquiry and specific questions to be asked by the court and the parties during voir dire, including any limitations on written or oral examination and whether to permit the parties to give brief pre-voir dire opening statements; and
(5) discuss and determine any other matters that will promote a fair and expeditious trial, including imposing time limits on trial proceedings, using juror notebooks, giving preliminary instructions, and managing documents and exhibits effectively during trial.
(e) Stipulated Evidence. At a pretrial conference or any time before the start of an evidentiary hearing, the parties may submit any issue to the court for decision based on stipulated evidence.
(f) Record of Proceedings. Proceedings at a pretrial conference must be on the record.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis Dec. 8, 2021, effective Jan. 1, 2022; amended on a permanent basis, effective Aug. 29, 2022.
16A A. R. S. Rules Crim. Proc., Rule 16.3, AZ ST RCRP Rule 16.3
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
End of Document