FAQ

Register       Login

YOUR HELP NEEDED: If you find a cross-reference that does not match the rule or subsection it refers to or any apparent clerical errors, please let us know by sending a precise description to [email protected].




Current Arizona Rules on Westlaw

Amendments from Recent Rule Agendas

Rule Amendments (2006 to present) 

 

Proposed Local Rules
                


Welcome!

This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 

PLEASE READ - CONTACT INFORMATION: 

PLEASE MAKE SURE THAT YOU SUBMIT ALL YOUR CONTACT INFORMATION WHEN SUBMITTING A RULE PETITION OR COMMENT.  OTHERWISE, YOUR SUBMISSION MAY BE REJECTED AND WE WILL BE UNABLE TO ADVISE YOU AS TO WHY. 

     
PrevPrev Go to previous topic
NextNext Go to next topic
Last Post 12 Nov 2019 01:03 PM by  mmeltzer
R-19-0012 Petition to Amend Rule 32, Ariz. R. Crim. P.
 11 Replies
Sort:
Topic is locked
Author Messages
mmeltzer
New Member
Posts:32 New Member

--
10 Jan 2019 11:15 AM
    Hon. Joseph Welty, Chair
    Task Force on Rule 32 of the Arizona Rules of Criminal Procedure
    1501 West Washington Street, #410
    Phoenix AZ 85007
    602.452.3242
    [email protected]

    This petition requests substantive and other changes to rules concerning post-conviction relief. The petition includes five appendices.

    Would amend substantively and reorganize Rules 32 and 33, Arizona Rules of Criminal Procedure, concerning post-conviction relief.

    Petitioner requests a modified comment period.

    Filed: January 10, 2019

    Comments must be filed according to the following schedule:

    February 22, 2019: First set of comments due

    April 5, 2019: Amended Petition due

    May 1, 2019: Second set of comments due

    June 14, 2019: Reply due

    ******To view Final Orders, please refer to page "Rule Amendments from Recent Rules Agenda(s)"******

    (12/12/2019) - ORDERED: Amended Petition = ADOPTED AS MODIFIED, effective January 1, 2020.

    ORDERED: Supplemental Petition (Expedited Consideration and Emergency Adoption Requested) - ADOPTED, on an emergency basis, effective January 1, 2020.

    FURTHER ORDERED: Opening this matter for public comments. Comments are due January 24, 2020 and any reply is due February 7, 2020.

    Amended Order (1/28/2020) - IT IS ORDERED that effective on the date of this order’s filing, Criminal Procedure Rule 35.3 is amended to refer to Criminal Procedure Rule 35.2 rather than Criminal Procedure Rule 33.2.

    Permanently Amending (2/5/2020) - IT IS ORDERED the amendments to Criminal Procedure Rules 32.2(b) and 33.2(b) are permanently adopted as shown in the attachment to this order.

    IT IS FURTHER ORDERED that to correct a typographical error, Criminal Procedure Rule 32.2(b) is amended to reflect a cross-reference to Rule 32.2(a)(2) rather than to 32.1(a)(2), as shown in the attachment to this order.

    Second Amended Order (2/10/2020) - IT IS ORDERED that effective on the date of this order’s filing, the comment to Criminal Procedure Rule 35.3 is amended to refer to Criminal Procedure Rule 35.3 rather than Criminal Procedure Rule 33.3.
    Attachments
    Julie Graber
    New Member
    Posts:10 New Member

    --
    20 Feb 2019 09:17 AM
    Kay Radwanski on behalf of the Committee on Superior Court
    Hon. David L. Mackey, Chair
    [email protected]
    602-452-3360

    On February 1, 2019, after hearing a presentation from the Hon. Joseph Welty, chair of the Task Force on Rule 32 of the Arizona Rules of Criminal Procedure, the Committee on Superior Court, upon motion made and seconded, unanimously authorized Chairman Hon. David L. Mackey to file this comment on behalf of the committee.

    “The Committee on Superior Court supports Rule Petition R-19-0012 which proposes changes to the Arizona Rules of Criminal Procedure by amending Rule 32, adopting a new Rule 33, amending various Rule 41 Forms, adopting new forms, renumbering existing Rule 33 and adopting conforming changes to Rule 17.1(e).”
    Allyson Flanagan
    New Member
    Posts:24 New Member

    --
    22 Feb 2019 09:00 AM
    Law Office of Katia Mehu
    [email protected]
    P.O. Box 17787
    Phoenix, AZ 85011‐7787
    Attachments
    Linda Maroko, Aderant, Inc.
    New Member
    Posts:1 New Member

    --
    22 Feb 2019 02:55 PM
    Linda Maroko
    Aderant, Inc.
    200 Corporate Pointe, Suite 400
    Culver City, CA 90230
    (310) 846-0466
    [email protected]
    California Bar No. 108225
    Attachments
    Kent Volkmer
    New Member
    Posts:1 New Member

    --
    22 Feb 2019 03:13 PM
    Kent P. Volkmer
    Pinal County Attorney
    P.O. Box 887
    Florence, AZ. 85132
    Attachments
    Stacy Reinstein
    New Member
    Posts:1 New Member

    --
    28 Feb 2019 04:02 PM
    Stacy Reinstein on behalf of the Committee on Limited Jurisdiction Courts
    Hon. Antonio Riojas, Chair
    [email protected]
    602-452-3358

    On February 20, 2019, after hearing a presentation from the Hon. Joseph Welty, chair of the Task Force on Rule 32 of the Arizona Rules of Criminal Procedure, the Committee on Limited Jurisdiction Courts, upon motion made and seconded, unanimously authorized Chairman Hon. Antonio Riojas to file this comment on behalf of the committee.

    “The Committee on Limited Jurisdiction Courts supports Rule Petition R-19-0012 which proposes changes to the Arizona Rules of Criminal Procedure by amending Rule 32, adopting a new Rule 33, amending various Rule 41 Forms, adopting new forms, renumbering existing Rule 33 and adopting conforming changes to Rule 17.1(e).”
    mmeltzer
    New Member
    Posts:32 New Member

    --
    05 Apr 2019 02:51 PM
    Hon. Joseph Welty, Chair
    Task Force on Rule 32 of the Arizona Rules of Criminal Procedure
    1501 West Washington Street, #410
    Phoenix AZ 85007
    602.452.3242
    [email protected]


    As provided in the Court’s Order Opening the Petition for Public Comment, Petitioner files this Amended Petition with four supporting appendices.
    Attachments
    Diana Cooney
    New Member
    Posts:22 New Member

    --
    15 Apr 2019 10:50 AM
    ELIZABETH BURTON ORTIZ
    EXECUTIVE DIRECTOR
    ARIZONA PROSECUTING ATTORNEYS' ADVISORY COUNCIL (APAAC)
    1951 WEST CAMELBACK ROAD, SUITE 202
    PHOENIX, ARIZONA 85015
    602-542-7222
    602-274-4215
    [email protected]
    (BAR NO. 012838)


    COMMENT OF THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL'S IN THE MATTER OF:
    PETITION TO AMEND RULE 32; TO ADOPT A NEW RULE 33; TO AMEND VARIOUS RULE 41 FORMS AND TO ADOPT NEW FORMS; TO RENUMBER RULE 33, ARIZONA RULES OF CRIMINAL PROCEDURE; AND TO ADOPT A CONFORMING CHANGE TO RULE 17.1(e), ARIZONA RULES OF CRIMINAL PROCEDURE.
    Attachments
    State Bar of Arizona
    New Member
    Posts:88 New Member

    --
    01 May 2019 09:41 PM
    Comment of the State Bar of Arizona
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    [email protected]
    602-340-7236
    Attachments
    mmeltzer
    New Member
    Posts:32 New Member

    --
    14 Jun 2019 09:54 AM
    Hon. Joseph Welty, Chair
    Task Force on Rule 32 of the Arizona Rules of Criminal Procedure
    1501 West Washington Street, #410
    Phoenix AZ 85007
    602.452.3242
    [email protected]


    Petitioner files this Reply as provided in the Court's Order Opening the Petition for Public Comment.

    The five supporting appendices are in a companion filing.
    Attachments
    mmeltzer
    New Member
    Posts:32 New Member

    --
    mmeltzer
    New Member
    Posts:32 New Member

    --
    12 Nov 2019 01:03 PM
    Hon. Joseph Welty, Chair
    Task Force on Rule 32 of the Arizona Rules of Criminal Procedure
    1501 West Washington Street, #410
    Phoenix AZ 85007
    602.452.3242
    [email protected]

    This supplemental petition requests amendments to Rules 32.2 and 33.2 that would preclude (b) through (h) claims previously adjudicated on the merits in an appeal or a prior post-conviction proceeding.
    Attachments
    Topic is locked