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Rule 29.2. Application

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 29. Setting Aside a Conviction (Refs & Annos)
Effective: January 1, 2022
16A A.R.S. Rules Crim.Proc., Rule 29.2
Rule 29.2. Application
(a) Contents. An application under this rule must include the applicant's name, address, date of birth, and signature, the offenses for which the applicant was convicted, the place and date of conviction, the sentence imposed, the status of victim restitution payment and other court-ordered monetary obligations, and the relief the applicant is requesting. The applicant must attach to the application any documents and affidavits required by law and may attach other supporting documents and affidavits.
(b) Place of Filing and Filing Fee. The applicant must file an application with the court that sentenced the applicant. The clerk may not charge a fee for filing or docketing an application.
(c) Processing of Application. The court must send a copy of the application to the applicable prosecuting agency no later than 10 days after filing.
(d) Victim Notification. The victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have a judgment of conviction set aside. If the victim requested postconviction notice, the prosecuting agency must provide the victim with notice of the defendant's application, whether the defendant is eligible for a certificate of second chance, and of the rights provided to the victim. The prosecuting agency must provide notice to the victim of the opportunity to be heard if the victim requested post-conviction notification.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis June 15, 2018, effective Aug. 3, 2018, adopted on a permanent basis Dec. 13, 2018; amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
16A A. R. S. Rules Crim. Proc., Rule 29.2, AZ ST RCRP Rule 29.2
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.
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