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Rule 14.3. The Defendant's Presence

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV. Pretrial Procedures
Rule 14. Arraignment (Refs & Annos)
Effective: January 1, 2022
16A A.R.S. Rules Crim.Proc., Rule 14.3
Formerly cited as AZ ST RCRP Rule 14.2
Rule 14.3. The Defendant's Presence
(a) Personal Presence Required. A defendant must be arraigned personally before the trial court or by an interactive video appearance under Rule 1.5.
(b) Personal Presence Not Required if Waived. A defendant who personally appeared at an initial appearance may waive personal presence at an arraignment by filing a written waiver at least two days before the arraignment date. The defendant and defense counsel must sign and notarize the waiver. A defendant also must file a notarized affidavit no later than 20 days after arraignment stating that the defendant is aware of all scheduled court appearances and understands that failure to appear at sentencing may result in losing the right to a direct appeal.
(c) Exception for Limited Jurisdiction Courts. A limited jurisdiction court may conduct a telephonic arraignment for misdemeanor offenses and for civil traffic offenses that are charged on the same complaint as misdemeanor offenses. For purposes of this rule, “telephonic” includes voice-only communications between the court and the parties.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 25, 2021, effective Jan. 1, 2022.
16A A. R. S. Rules Crim. Proc., Rule 14.3, AZ ST RCRP Rule 14.3
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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