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Rule 32.9. 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 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 32.9
Formerly cited as AZ ST RCRP Rule 32.6
Rule 32.9. Response and Reply; Amendments
Currentness
(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.
(1) Non-Capital Cases. In noncapital cases, the State's response must not exceed 28 pages, and defendant's reply, if any, must not exceed 11 pages.
(2) Capital Cases. In capital cases, the State's response must not exceed 160 pages, and defendant's reply must not exceed 80 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 32.9, AZ ST RCRP Rule 32.9
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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