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Rule 33.11. Court Review of the Petition, Response, and Reply; Further Proceedings

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 33.11
Formerly cited as AZ ST RCRP Rule 32.6(d)
Rule 33.11. Court Review of the Petition, Response, and Reply; Further Proceedings
(a) Summary Disposition. If, after identifying all precluded and untimely claims, the court determines that no remaining claim presents a material issue of fact or law that would entitle the defendant to relief under this rule, the court must summarily dismiss the petition.
(b) Setting a Hearing. If the court does not summarily dismiss the petition, it must set a status conference or a hearing within 30 days.
(c) Notice to the Victim. If the court sets a hearing, the State must notify any victim of the time and place of the hearing if the victim has requested such notice under a statute or court rule relating to victims' rights.
(d) Defendant's Competence. The court may order a competency evaluation if the defendant's competence is necessary for the presentation of a claim.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 33.11, AZ ST RCRP Rule 33.11
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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