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Rule 9. Amending the Complaint

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing ViolationsEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing Violations (Refs & Annos)
Effective: January 1, 2022
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 9
Rule 9. Amending the Complaint
Currentness
(a) A court may amend a complaint at any time before judgment if no additional or different violation is charged and if no substantial right of the defendant is prejudiced.
(b) A court may amend a complaint to conform to the evidence adduced at a hearing if no additional or different violation is charged and if no substantial right of the defendant is 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 or local ordinance, charter, rule, or regulation designation of a violation, the descriptive text takes precedence unless doing so would prejudice a defendant's substantial right or such action would result in a criminal charge. If a judicial officer is unable to determine what violation is charged, the charge must be dismissed without prejudice and the issuing agency notified.

Credits

Amended Oct. 11, 2002, effective Dec. 1, 2002. Amended effective March 18, 2020. Amended Aug. 25, 2021, effective Jan. 1, 2022.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 9, AZ ST CIV TRAF Rule 9
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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