L. R. Prac. Sup. Ct. CR-1

As amended through August 22, 2024

Rule CR-1 - Pre-Trial Procedures, Presence of Defendant

A. Pre-trial hearings leading to the setting of a trial date shall consist of an Arraignment, a Pre-Trial Conference and a Final Management Conference. The content of the hearings shall be as follows:

1.Arraignment. In addition to the requirements of Rule 14.4. Arizona Rules of Criminal Procedure, the Court shall inquire whether any victim has invoked his or her rights, whether the defendant is subject to any then-known sentencing enhancements, whether counsel has discussed or will discuss sentencing options with the defendant, and whether the defendant has any other pending cases in Mohave County Superior Court. The Court may inform the defendant of the range of sentence. A motion for release filed in the lower Court at least ten days prior to arraignment shall be considered at the arraignment hearing. The Court shall set a Pre-Trial Conference three weeks after arraignment unless ordered otherwise.

2.Pre-Trial Conference. The Court shall determine whether any disclosure issue exists, whether any plea offer has been or will be made to resolve the matter and whether any known motions or pre-trial issues are to be addressed. The Court may then set motion deadlines, schedule evidentiary hearings or oral arguments as necessary or set the matter for trial. If the matter is set for trial, the Court shall schedule a Final Management Conference no less than five court days prior to the trial.

3.Final Management Conference. The Court shall determine that the parties are ready for trial. At this hearing, inter alia, the Court and counsel shall resolve as many evidentiary issues as possible to determine appropriate voir dire areas, discuss jury instructions, determine the number of jurors known to be required by the case, and determine the length of the trial. Further, counsel shall inform the court whether any special accommodations or equipment will be required at the trial.

B. The defendant and counsel shall appear at all scheduled hearings. The failure of the defendant to appear as ordered shall result in the issuance of a bench warrant and possible bond forfeiture. Counsel or defendant may appear telephonically at procedural hearings upon request, at the discretion of the Court.

C. The Court may conduct a change of plea at any hearing. The Court may also specifically set a change of plea at the request of the parties.

D. The Court may set Status Hearings as necessary to effect efficient case processing of any matter. Upon prior request of counsel, the defendant may waive his or her presence in the discretion of the court.

L. R. Prac. Sup. Ct. CR-1

Added May 31, 2002, effective 6/1/2002. Amended June 30, 2009, effective 1/1/2010; amended May 28, 2019, effective 6/1/2019.

HISTORICAL AND STATUTORY NOTES

Former Rule CR-1, added Aug. 30, 1993, effective Dec. 1, 1993, which related to release, was redesignated as Rule CR-2.