§ 13-4235 – Contents of petition
13-4235. Contents of petition The defendant shall include every ground known to the defendant for vacating, reducing, correcting or otherwise changing all judgments or sentences imposed and shall verify under oath that the petition contains all such grounds. Facts within the defendant’s personal knowledge shall be noted separately from other allegations of fact and shall […]
§ 13-4236 – Additional pleadings; summary disposition; amendments
13-4236. Additional pleadings; summary disposition; amendments A. Forty-five days after the filing of the petition, the state shall file with the court a response. Affidavits, the record and other evidence that are available to the state and that contradict the allegations of the petition shall be attached to the response. On a showing of good […]
§ 13-4141 – Execution of warrant; return and hearing
13-4141. Execution of warrant; return and hearing A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant. B. The person alleged to have such party under illegal confinement or restraint […]
§ 13-4237 – Informal conference
13-4237. Informal conference The court at any time may hold an informal conference to expedite the proceeding, at which the defendant need not be present if he is represented by counsel who is present.
§ 13-4142 – Issuance, service and return of writ or process; time; manner; duty of clerk
13-4142. Issuance, service and return of writ or process; time; manner; duty of clerk A. Any writ or process authorized by this article may be issued and served on any day or at any time. B. The writs, processes, warrants and subpoenas shall be issued by the clerk of the court, and, except subpoenas, sealed […]
§ 13-4238 – Evidentiary hearing
13-4238. Evidentiary hearing A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days’ notice to […]
§ 13-4143 – Charging fee in habeas corpus prohibited
13-4143. Charging fee in habeas corpus prohibited No fee or compensation of any kind shall be charged or received by any officer for duties performed or services rendered in habeas corpus proceedings.
§ 13-4239 – Review
13-4239. Review A. Any party aggrieved by a final decision of the trial court in these proceedings may, within fifteen days after the ruling of the court, move the court for a rehearing setting forth in detail the grounds for believing that the court erred. A response shall be filed within fifteen days after service […]
§ 13-4144 – Form of writ
13-4144. Form of writ The writ of habeas corpus shall be substantially in the following form: " The state of Arizona – – To the sheriff of the county of ……. (or to ‘A. B.’): We command you that you have the body of C.D., by you imprisoned and detained, as it is said, together […]
§ 13-4240 – Postconviction deoxyribonucleic acid testing
13-4240. Postconviction deoxyribonucleic acid testing A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request the forensic deoxyribonucleic acid testing of any evidence that is in the possession or control of the court or the state, that is related […]