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Rule 32.7. Petition for Post-Conviction Relief

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

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII. Appeal and Other Post-Conviction Relief
Rule 32. Post-Conviction Relief for Defendants Sentenced Following a Trial or a Contested Probation Violation Hearing
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 32.7
Formerly cited as AZ ST RCRP Rule 32.4(c); AZ ST RCRP Rule 32.5
Rule 32.7. Petition for Post-Conviction Relief
Currentness
(a) Deadlines for Filing a Petition for Post-Conviction Relief.
(1) Noncapital Cases.
(A) Generally. In every case except those in which the defendant was sentenced to death:
(i) Appointed counsel must file a petition no later than 60 days after the date of appointment.
(ii) A self-represented defendant must file a petition no later than 60 days after the notice is filed or the court denies the defendant's request for appointed counsel, whichever is later.
(B) Time Extensions. For good cause and after considering the rights of the victim to a prompt and final conclusion of the case, the court may grant a defendant in a noncapital case a 30-day extension to file the petition. The court may grant additional 30-day extensions only on a showing of extraordinary circumstances.
(2) Capital Cases.
(A) Generally. In a capital case, the defendant must file a petition no later than 12 months after the first notice is filed.
(B) Filing Deadline for Any Successive Petition. On a successive notice in a capital case, the defendant must file the petition no later than 30 days after the notice is filed.
(C) Time Extensions. For good cause, the court may grant a capital defendant one 60-day extension in which to file a petition. After considering the rights of the victim to a prompt and final conclusion of the case, the court may grant additional extensions for good cause.
(b) Form of Petition. A petition for post-conviction relief should contain the information shown in Rule 41, Form 25, and must include a memorandum that contains citations to relevant portions of the record and to relevant legal authorities.
(c) Length of Petition.
(1) Non-Capital Cases. In noncapital cases, the petition must not exceed 28 pages.
(2) Capital Cases. In capital cases, the petition must not exceed 160 pages.
(d) Declaration. A petition by a self-represented defendant must include a declaration stating under penalty of perjury that the information contained in the petition is true to the best of the defendant's knowledge and belief.
(e) Attachments. The defendant must attach to the petition any affidavits, records, or other evidence currently available to the defendant supporting the allegations in the petition.
(f) Effect of Non-Compliance. The court will return to the defendant any petition that fails to comply with this rule, with an order specifying how the petition fails to comply. The defendant has 40 days after that order is entered to revise the petition to comply with this rule, and to return it to the court for refiling. If the defendant does not return the petition within 40 days, the court may dismiss the proceeding with prejudice. The State's time to respond to a refiled petition begins on the date of refiling.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 32.7, AZ ST RCRP Rule 32.7
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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