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Rule 11.3. Appointment of Experts

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
III. Rights of Parties
Rule 11. Incompetence and Mental Examinations (Refs & Annos)
Effective: January 1, 2022
16A A.R.S. Rules Crim.Proc., Rule 11.3
Rule 11.3. Appointment of Experts
Currentness
(a) Appointment of Experts.
(1) Definition of a “Mental Health Expert.” “Mental health expert” means a physician licensed under A.R.S. §§ 32-1421 to -1437 or 32-1721 to -1730; or a psychologist licensed under A.R.S. §§ 32-2071 to--2076.
(2) Generally. If the court finds that reasonable grounds exist for a competence examination, it must appoint one or more qualified mental health experts for a defendant charged with only a misdemeanor, or two or more qualified mental health experts for a defendant charged with a felony to:
(A) examine the defendant;
(B) report to the court in writing no later than 10 business days after examining the defendant; and
(C) testify, if necessary, about the defendant's competence.
(3) Psychiatry Background. A party may request or the court may order that at least one of the mental health experts be a physician specializing in psychiatry.
(4) Stipulation for Only One Examiner. With the court's approval, the State and the defendant may stipulate to the appointment of only one expert.
(5) Examiner Qualifications. A mental health expert must be:
(A) familiar with Arizona's standards and statutes for competence and criminal and involuntary commitment statutes;
(B) familiar with the treatment, training, and restoration programs that are available in Arizona; and
(C) approved by the court as meeting court-developed guidelines, including demonstrated experience in forensics matters, required attendance at a court-approved training program of not less than 16 hours and any court-required continuing forensic education programs, and annual review criteria.
(6) Replacement. If the appointed expert is unable to examine the defendant within the time allotted, the expert must immediately inform the court, and the court may appoint a different expert to perform the examination.
(b) Custody Status of the Defendant During Competence Proceedings. Pending the court's determination of competence, the court must determine the defendant's custody status under A.R.S. § 13-4507.
(c) Expert Report. An expert's report must conform to A.R.S. § 13-4509.
(d) Additional Expert Assistance. If necessary for an adequate determination of the defendant's mental competence, the court may appoint additional experts and order the defendant to submit to additional physical, neurological, or psychological examinations.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
16A A. R. S. Rules Crim. Proc., Rule 11.3, AZ ST RCRP Rule 11.3
State Court Rules are current with amendments received and effective through March 15, 2023. The Code of Judicial Administration is current with amendments received through March 15, 2023.
End of Document