Home Table of Contents

Rule 24.2. Motion to Vacate Judgment

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: September 9, 2022

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 24. Post-Trial Motions
Effective: September 9, 2022
16A A.R.S. Rules Crim.Proc., Rule 24.2
Rule 24.2. Motion to Vacate Judgment
(a) Grounds. The court must vacate a judgment if it finds that:
(1) the court did not have jurisdiction;
(2) newly discovered material facts exist satisfying the standards in Rules 32.1(e) and 33.1(e); or
(3) the conviction was obtained in violation of the United States or Arizona constitutions.
(b) Time for Filing. A party must file a motion under this rule no later than 60 days after the entry of judgment and sentence, or, if a notice of appeal has already been filed under Rule 31, no later than 15 days after the appellate clerk distributes a notice under Rule 31.9(e) that the record on appeal has been filed.
(c) Motion Filed After Notice of Appeal. If a party files a motion to vacate judgment after a notice of appeal is filed, the superior court clerk must immediately send copies of the motion to the Attorney General and to the clerk of the appellate court in which the appeal was filed.
(d) Appeal from a Decision on the Motion. In noncapital cases, the party appealing a final decision on the motion must file a notice of appeal with the trial court clerk no later than 20 days after entry of the decision for a superior court case, or no later than 14 days after entry of the decision for a limited jurisdiction court case. In a capital case, if the court denies the motion, it must order the clerk to file a notice of appeal from that denial.
(e) State's Motion to Vacate Judgment. Notwithstanding (b), the State may move the court to vacate the judgment at any time after the entry of judgment and sentence if:
(1) clear and convincing evidence exists establishing that the defendant was convicted of an offense that the defendant did not commit; or
(2) the conviction was based on an erroneous application of the law.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended effective Sept. 9, 2022.
16A A. R. S. Rules Crim. Proc., Rule 24.2, AZ ST RCRP Rule 24.2
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document