Rule 32.6. Duty of Counsel; Self-Represented Defendant's Petition; Waiver of Attorney-Clien...
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020
Effective: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 32.6
Formerly cited as AZ ST RCRP Rule 32.4(d)
Rule 32.6. Duty of Counsel; Self-Represented Defendant's Petition; Waiver of Attorney-Client Privilege
(1) After Filing a Notice. After the filing of a notice but before the filing of a petition, and upon a showing of substantial need for material or information to prepare the defendant's case, the court may enter an order allowing discovery. To show substantial need, the defendant must demonstrate that the defendant cannot obtain the substantial equivalent by other means without undue hardship.
(2) After Filing a Petition. After the filing of a petition, the court may allow discovery for good cause. To show good cause, the moving party must identify the claim to which the discovery relates and reasonable grounds to believe that the request, if granted, would lead to the discovery of evidence material to the claim.
In the notice, counsel should also identify the following:
(d) Self-Represented Defendants Petition. Upon receipt of counsel's notice under section (c), the defendant may file a petition on his or her own behalf. The court may extend the time for the defendant to file that petition by 45 days from the date counsel filed the notice. The court may grant additional extensions only on a showing of extraordinary circumstances.
Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 32.6, AZ ST RCRP Rule 32.6
State Court Rules are current with amendments received and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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