Rule 2.1 Misdemeanors
II. Preliminary Proceedings | Rule 2. Commencement of Criminal Proceedings
Rule Text
(a) Limited Jurisdiction Courts. The State may commence misdemeanor and petty offense actions triable in limited jurisdiction courts by filing with the court:
(1) an Arizona Traffic Ticket and Complaint;
(2) any complaint form approved by the Arizona Supreme Court; or
(3) a complaint under Rule 2.3.
(b) Superior Court. The State may commence a misdemeanor action by filing an indictment or information directly in the superior court. A prosecutor also may commence a misdemeanor action not otherwise triable in the superior court by filing a complaint in the Justice Court under Rule 2.2(b) and then following the procedures applicable in felony cases.
(c) Filing a Motion to Transfer to the Correct Precinct. A party may file a motion to transfer a case to the correct precinct under A.R.S. § 22-301 or the court sua sponte may transfer the case. A motion to transfer a case to the correct precinct must be filed, or the court may order a sua sponte transfer, no later than 30 days after arraignment.
Amendment history: Added Aug. 31, 2017, effective Jan. 1, 2018. Amended on an emergency basis, effective Aug. 26, 2020, amendment adopted on a permanent basis, effective Jan. 1, 2021.