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Rule 3.2. Content of a Warrant or Summons

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

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
II. Preliminary Proceedings
Rule 3. Arrest Warrant or Summons upon Commencement of Criminal Proceedings (Refs & Annos)
Effective: January 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 3.2
Rule 3.2. Content of a Warrant or Summons
Currentness
(a) Warrant.
(1) Mandatory Provisions. A warrant must:
(A) be signed with an electronic or other signature by the issuing magistrate or by a deputy clerk of the superior court;
(B) contain the defendant's name or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty;
(C) state the charged offense and whether the offense is one to which victims' rights provisions apply; and
(D) command that the defendant be arrested and brought before the issuing magistrate or, if the issuing magistrate is absent or unable to act, the nearest or most accessible magistrate in the same county or in the county of arrest if the defendant is arrested outside the county where the warrant was issued.
(2) Bond for Felony Warrants. If the defendant is eligible for release at the initial appearance, the issuing magistrate may include on the felony warrant a recommended deposit, cash, unsecured, or secured appearance bond and a recommended bond amount. However, when the warrant is issued for a felony offense, the defendant must not be released on bond without having an initial appearance before a magistrate.
(3) Bond for Misdemeanor Warrants. If the warrant is issued for a misdemeanor offense, the warrant may state the amount of deposit, cash, unsecured, or secured appearance bond.
(b) Summons.
(1) Form. A summons must be in the same form as a warrant except it must summon the defendant to appear at a date, time and place no more than 30 days after an indictment, information, or complaint is filed.
(2) Photograph and Fingerprints. At the prosecutor's request or by court order, the summons may command the defendant to report to a designated place to be photographed and fingerprinted before the defendant's appearance in response to the summons. If the defendant fails to report to be photographed and fingerprinted as directed, the defendant may be arrested when the defendant appears in response to the summons and the magistrate must order the defendant to report immediately for photographing and fingerprinting.
(3) 10-Print Fingerprints Required. If a summons is issued for a defendant who is charged with one of the following offenses, the summons must direct the defendant to provide 10-print fingerprints to the applicable law enforcement agency: a felony offense; a violation of an offense listed in Title 13, Chapters 12, 14, 15 except A.R.S. § 13-1509, 18, 20 through 23, 32, 34, or 34.1; a domestic violence offense as defined in A.R.S. § 13-3601; a violation of A.R.S. §§ 13-1604, 13-2406, 13-2904, 13-2907 to 13-2907.05, 13-2910, 13-2916, 13-3102, 13-3103, 13-3513, 13-3555, 13-3558, 13-3613, 13-3619, 13-3623, 13-3704, or 46-215; or a violation of an offense listed in Title 28, Chapter 4.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 26, 2020, effective Jan. 1, 2021; amended on an emergency basis Aug. 29, 2022, effective Jan. 1, 2023, permanently adopted with additional amendments Dec. 8, 2022, effective Jan. 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 3.2, AZ ST RCRP Rule 3.2
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