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Rule 32.20. Extensions of Time in a Capital Case; Victim Notice and Service

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020

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: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 32.20
Formerly cited as AZ ST RCRP Rule 32.11
Rule 32.20. Extensions of Time in a Capital Case; Victim Notice and Service
(a) Notice to the Victim. If the victim in a capital case has filed a notice of appearance under A.R.S. ยง 13-4234.01, a party requesting an extension of time to file a brief must serve or otherwise provide notice of the request to the victim.
(b) Manner and Timing of Service or Notice.
(1) Victim's Choice of the Manner of Service. The victim may specify in the notice of appearance whether service of the request should be to the victim or whether it should go to another person, including the prosecutor, and whether service of the notice should be electronic, by telephone, or by regular mail. Service must be made in the manner specified in the victim's notice of appearance or, if no manner is specified, by regular mail. If the victim has requested direct notification, the party requesting an extension of time must serve the victim with notice no later than 24 hours after filing the request.
(2) Service Through the Prosecutor. If the victim has not specified a method of service or if the victim has requested service through the prosecutor, the party requesting the extension of time must serve the prosecutor's office handling the post-conviction proceeding. If the prosecutor has the duty to notify the victim on behalf of the defendant, the prosecutor must do so no later than 24 hours after receiving the request.
(c) Victim's Response. A victim may file a response to the request no later than 10 days after it is served.
(d) Factors. In ruling on any request for an extension of time to file a brief, the court must consider the rights of the defendant and the victim to a prompt and final conclusion of the case.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 32.20, AZ ST RCRP Rule 32.20
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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