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Rule 12.8. Challenge to a Grand Jury or a Grand Juror

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV. Pretrial Procedures
Rule 12. The Grand Jury (Refs & Annos)
Section One. Rules for Grand Juries
16A A.R.S. Rules Crim.Proc., Rule 12.8
Formerly cited as AZ ST RCRP Rule 12.3
Rule 12.8. Challenge to a Grand Jury or a Grand Juror
(a) Grounds for a Challenge.
(1) The grand jury may be challenged only on the ground that the grand jurors were not drawn or selected according to law.
(2) An individual grand juror may be challenged on the ground that the juror is not qualified to sit on the grand jury or on a particular matter.
(b) Method of Challenge.
(1) A challenge by the State to a grand jury or a grand juror must be directed to the presiding or impaneling judge.
(2) A defendant may challenge a grand jury or grand juror only after the indictment has been returned.
(3) Any challenge made after the grand jurors are sworn must be in writing.
(c) Effect of Sustaining a Challenge.
(1) If a challenge to the grand jury is sustained, the grand jury must be discharged.
(2) If a challenge to an individual juror is sustained, the juror must be discharged or excluded from deliberation on the particular matter that was the subject of the challenge.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 12.8, AZ ST RCRP Rule 12.8
State Court Rules are current with amendments received and effective through 9/1/22. The Code of Judicial Administration is current with amendments received through 9/1/22.
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