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Rule 33.9. Response and Reply; Amendments

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 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: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 33.9
Formerly cited as AZ ST RCRP Rule 32.6
Rule 33.9. Response and Reply; Amendments
(a) State's Response.
(1) Deadlines. The State must file its response no later than 45 days after the defendant files the petition. The court for good cause may grant the State a 30-day extension to file its response and may grant the State additional extensions only on a showing of extraordinary circumstances and after considering the rights of the victim to a prompt and final conclusion of the case.
(2) Contents. The State's response must include a memorandum that contains citations to relevant portions of the record and to relevant legal authorities, and must attach any affidavits, records, or other evidence that contradicts the petition's allegations. The State must plead and prove any ground of preclusion by a preponderance of the evidence.
(b) Defendant's Reply. The defendant may file a reply 15 days after a response is served. The court for good cause may grant one extension of time, and additional extensions only for extraordinary circumstances.
(c) Length of Response and Reply. The State's response must not exceed 28 pages, and defendant's reply, if any, must not exceed 11 pages.
(d) Amending the Petition. After the defendant files a petition for post-conviction relief, the court may permit amendments to the petition only for good cause.

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 33.9, AZ ST RCRP Rule 33.9
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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