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Rule 8.1. Priorities in Scheduling Criminal Cases

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

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 8. Speedy Trial (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 8.1
Rule 8.1. Priorities in Scheduling Criminal Cases
(a) Priority of Criminal Trials. A trial of a criminal case has priority over a trial of a civil case.
(b) Preferences. The trial of a defendant in custody, and the trial of a defendant whose pretrial liberty may present unusual risks, have preference over other criminal cases.
(c) Duty of the Prosecutor. The prosecutor must advise the court of facts relevant to the priority of cases for trial.
(d) Duty of Defense Counsel. Defense counsel must advise the court of an impending expiration of time limits. A court may sanction counsel for failing to do so, and should consider a failure to timely notify the court of an expiring time limit in determining whether to dismiss an action with prejudice under Rule 8.6.
(e) Suspension of Rule 8. No later than 25 days after a superior court arraignment, either party may move for a hearing to establish extraordinary circumstances requiring a suspension of Rule 8. No later than 5 days after the motion is filed, the court must hold a hearing on the motion and make findings of fact about whether extraordinary circumstances exist that justify the suspension of Rule 8. If the trial court finds that Rule 8 should be suspended, the court must immediately transmit its findings to the Supreme Court Chief Justice. If the Chief Justice approves the findings, the trial court may suspend Rule 8's provisions and reset the trial for a later specified date.
(v) Victims' Rights. When presented with a motion to suspend Rule 8, the court must permit the victim to be heard and must consider the victim's right to a speedy disposition.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 8.1, AZ ST RCRP Rule 8.1
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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