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Rule 9. Amending the Complaint

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic and Civil Boating Violations

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic and Civil Boating Violations (Refs & Annos)
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 9
Rule 9. Amending the Complaint
(a) A court may amend a civil traffic complaint at any time before judgment if no additional or different violation is charged and if substantial rights of the defendant are not prejudiced.
(b) A court may amend a civil traffic complaint to conform to the evidence adduced at hearing if no additional or different violation is charged and if substantial rights of the defendant are not prejudiced.
(c) All amendments to a complaint relate back to the date the complaint was issued.
(d) Where there is a conflict between the written description and the statutory designation of a civil traffic violation, the descriptive text shall take precedence unless substantial rights of the defendant are prejudiced or such action would result in a criminal charge. if a judicial officer is unable to determine what offense is charged, the charge shall be dismissed without prejudice and the issuing agency notified.

Credits

Amended Oct. 11, 2002, effective Dec. 1, 2002.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 9, AZ ST CIV TRAF Rule 9
Current with amendments received through 08/15/19
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