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Rule 33.14. Motion for Rehearing

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII. Appeal and Other Post-Conviction Relief
Rule 33. Post-Conviction Relief for Defendants Who Pled Guilty or NO Contest, Who Admitted a Probation Violation, or Who Had an Automatic Probation Violation
Effective: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 33.14
Formerly cited as AZ ST RCRP Rule 32.9(a); AZ ST RCRP Rule 32.9(b)
Rule 33.14. Motion for Rehearing
(a) Timing and Content. No later than 15 days after entry of the trial court's final decision on a petition, any party aggrieved by the decision may file a motion for rehearing. The motion must state in detail the grounds of the court's alleged errors.
(b) Response and Reply. An opposing party may not file a response to a motion for rehearing unless the court requests one, but the court may not grant a motion for rehearing without requesting and considering a response. If a response is filed, the moving party may file a reply no later than 10 days after the response is served.
(c) Stay. The State's filing of a motion for rehearing automatically stays an order granting a new trial until the trial court decides the motion. For any relief the trial court grants to a defendant other than a new trial, whether to grant a stay pending further review is within the discretion of the trial court.
(d) Effect on Appellate Rights. Filing of a motion for rehearing is not a prerequisite to filing a petition for review under Rule 33.16.
(e) Disposition if Motion Granted. If the court grants the motion for rehearing, it may either amend its previous ruling without a hearing or grant a new hearing and then either amend or reaffirm its previous ruling. The court must state its reasons for amending a previous ruling. The State must notify the victim of any action taken by the court if the victim has requested notification.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 33.14, AZ ST RCRP Rule 33.14
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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