ARS 13-4238: Evidentiary hearing
The complete text of A.R.S. § 13-4238 on evidentiary hearing, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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Full Text of A.R.S. § 13-4238
A.R.S. § 13-4238 is the Arizona statute on evidentiary hearing. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
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 the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.
B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.
C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.
D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented.
Source: Arizona Revised Statutes § 13-4238, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-4295.01 — Illegal entry from foreign nation
- A.R.S. § 13-4295.02 — Refusal to comply with order to return to a foreign nation
- A.R.S. § 13-4147 — Avoidance of command of writ
- A.R.S. § 13-4145 — Disobedience of command of writ
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3903 — Notice to appear and complaint
How § 13-4238 Affects an Arizona Case
§ 13-4238 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-4238?
A.R.S. § 13-4238 is the Arizona statute on evidentiary hearing. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-4238?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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