Ariz. R. Crim. P. 24.1

As amended through August 22, 2024
Rule 24.1 - Motion for New Trial
(a)The Court's Authority. After a verdict in any phase of trial, capital or noncapital, the court may order a new trial or phase of trial on the defendant's motion or on its own, with the defendant's consent.
(b)Timeliness. A party must file a motion for a new trial no later than 10 days after return of the verdict being challenged. This deadline is jurisdictional and the court may not extend it.
(c)Grounds. The court may grant a new trial or phase of trial if:
(1) the verdict is contrary to law or the weight of the evidence;
(2) the State is guilty of misconduct;
(3) one or more jurors committed misconduct by:
(A) receiving evidence not admitted during the trial or phase of trial;
(B) deciding the verdict by lot;
(C) perjuring himself or herself, or willfully failing to respond fully to a direct question posed during the voir dire examination;
(D) receiving a bribe or pledging his or her vote in any other way;
(E) being intoxicated during trial proceedings or deliberations; or
(F) conversing before the verdict with any interested party about the outcome of the case;
(4) the court erred in deciding a matter of law or in instructing the jury on a matter of law; or
(5) for any other reason, not due to the defendant's own fault, the defendant did not receive a fair and impartial trial or phase of trial.
(d)Admissibility of Juror Evidence to Impeach the Verdict. If a verdict's validity is challenged under (c)(3), the court may receive the testimony or affidavit of any witness, including members of the jury, that relates to the conduct of a juror, a court official, or a third person. But the court may not receive testimony or an affidavit that relates to the subjective motives or mental processes leading a juror to agree or disagree with the verdict.

Ariz. R. Crim. P. 24.1

Added August 31, 2017, effective 1/1/2018.