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Rule 1.9. Motions, Oral Argument, and Proposed Orders

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

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
I. General Provisions
Rule 1. Scope, Purpose and Construction, and Other General Provisions (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 1.9
Formerly cited as AZ ST RCRP Rule 35.1;  AZ ST RCRP Rule 35.2;  AZ ST RCRP Rule 35.3;  AZ ST RCRP Rule 35.4;  AZ ST RCRP Rule 35.7
Rule 1.9. Motions, Oral Argument, and Proposed Orders
(a) Content. A motion must include a memorandum that states facts, arguments, and authorities pertinent to the motion.
(b) Service of Motion; Response; Reply. The moving party must serve the motion on all other parties. No later than 10 days after service, another party may file and serve a response, and, no later than 3 days after service of a response, the moving party may file and serve a reply. A reply must be directed only to matters raised in a response. If no response is filed, the court may deem the motion submitted on the record.
(c) Length. Unless the court orders otherwise, a motion or response, including a supporting memorandum, may not exceed 11 pages, exclusive of attachments, and a reply may not exceed 6 pages, exclusive of attachments.
(d) Waiver of Requirements. On a party's request or on its own, the court may waive a requirement specified in this rule, or it may overlook a formal defect in a motion.
(e) Oral Argument. On a party's request or on its own, the court may set a motion for argument or hearing.
(f) Proposed Orders. A proposed order must be prepared as a separate document and may not be included as part of a motion, stipulation, or other document. There must be at least two lines of text on the signature page of a proposed order. A party must serve the proposed order on the court and all other parties. A party must not file a proposed order, and the court will not docket it, until a judge has reviewed and signed it. Absent a notice of filing, proposed orders will not be part of the record.
(v) Victims' Rights.
(1) In the Trial Court. A victim has standing to file motions that request the court to enforce any right guaranteed to victims, or that challenge an order denying any such right. A victim may file a reply concerning that motion. A victim may also file a response to a party's motion if the party's motion impacts a victim's right.
(2) Special Action. Under Rule 2(a)(2) of the Rules of Procedure for Special Actions, a victim may file a petition for special action seeking relief from an order affecting any victim's right guaranteed by law.

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 1.9, AZ ST RCRP Rule 1.9
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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