Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4503 (2026)

Request for competency examination; jurisdiction over competency hearings; referral

✓ current as of May 2026
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A. At any time after the prosecutor charges a criminal offense by complaint, information or indictment, any party or the court on its own motion may request in writing that the defendant be examined to determine the defendant's competency to stand trial, to enter a plea or to assist the defendant's attorney. The motion shall state the facts on which the mental examination is sought.

B. The court may request that a mental health expert assist the court in determining if reasonable grounds exist for examining a defendant.

C. Except as provided in subsection D of this section, after any court determines that reasonable grounds exist for further competency proceedings, the superior court shall have exclusive jurisdiction over all competency hearings.

D. The presiding judge of the superior court in each county, with the agreement of the justice of the peace or municipal court judge, may authorize a justice court or municipal court to exercise jurisdiction over a competency hearing in a misdemeanor case that arises out of the justice court or municipal court.

E. A justice of the peace or municipal court judge, with the approval of the presiding judge of the superior court and the justice or judge of the receiving court, may refer a competency hearing to another justice court or municipal court that is located in the county.

Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 2009–2025 · leading case: Potter v. Vanderpool, 240 P.3d 1257 (Ariz. Ct. App. 2010).
Potter v. Vanderpool, 240 P.3d 1257 (Ariz. Ct. App. 2010). · cites it 6× “Section 13-4503, A.R.S., which is entitled "Request for competency examination,” essentially mirrors Rule 11.”
State v. Delahanty, 250 P.3d 1131 (Ariz. 2011). · cites it 4× “2(c), the court “may order that a preliminary examination be conducted pursuant to A.R.S. § 13-4503(C) to assist the court in determining if reasonable grounds exist to order further examination of the defendant.”
State v. Silva, 216 P.3d 1203 (Ariz. Ct. App. 2009). · cites it 2× “” A.R.S. § 13-4503(D) (2001); see also Ariz.”
State v. Hon. gates/apolinar Altamirano, 410 P.3d 433 (Ariz. 2018). · cites it 2× “§ 13-754 (authorizing a court, unless defendant objects, to order a competency exam in a capital case); A.R.S. § 13-4503 (stating courts have the authority to order a competency exam in a noncapital case); A.”
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). · cites it 11× “¶10 Separate from the process set in motion by a request to determine incompetency under § 13-4503, § 13-4504(A) provides that, “[n]otwithstanding any law to the contrary,” a “court may hold a hearing to dismiss any misdemeanor charge against [an] incompetent person” who “has…”
State of Arizona v. Rahim Muhammad, 513 P.3d 1095 (Ariz. 2022). · cites it 5× “2(a)(1) (authorizing examination to determine if defendant is competent to stand trial); see also A.R.S. § 13-4503(A) (to same effect). The trial court appointed two psychologists, Dr.”
State v. Brents (Ariz. Ct. App. 2020). · cites it 4× “2(a)(2)- (d) (2017); see also A.R.S. § 13-4503(C), -4505(A). "Reasonable grounds exist if there is sufficient evidence to indicate that the defendant is not able to understand the nature of the proceedings against [the defendant] and to assist in [the] defense.”
State v. Gonzalez (Ariz. Ct. App. 2022). · cites it 4× “A.R.S. § 13-4503(B); Ariz. R. Crim. P. 11.”
Johnson v. Hon hartsell/state, 525 P.3d 1091 (Ariz. Ct. App. 2023). · cites it 4× “See A.R.S. §§ 13-4503, -4505, -4510; see also Ariz.”
Carol Ann Potter Debra Joy Merryman v. State of Arizona (Ariz. Ct. App. 2010). · cites it 6× “3 define the term “mental health expert,” prescribe the 2 Section 13-4503, A.R.S., which is entitled “Request for competency examination,” essentially mirrors Rule 11.”
Joel Carson v. Hon. gentry/state (Ariz. 2025). · cites it 3× “See A.R.S. § 13-4503(A). That motion triggers judicial review of the defendant’s present mental state and enables the court to dismiss the charges if the defendant remains incompetent.”
State v. Tepper (Ariz. Ct. App. 2017). · cites it 2× “” A.R.S. §§ 13-4503(D) (2017), 13-4510(A) (2017).”
— Ariz. Rev. Stat. § 13-4503(A) — 4 cases
State of Arizona v. Rahim Muhammad, 513 P.3d 1095 (Ariz. 2022). “2(a)(1) (authorizing examination to determine if defendant is competent to stand trial); see also A.R.S. § 13-4503(A) (to same effect). The trial court appointed two psychologists, Dr.”
Joel Carson v. Hon. gentry/state (Ariz. 2025). “See A.R.S. § 13-4503(A). That motion triggers judicial review of the defendant’s present mental state and enables the court to dismiss the charges if the defendant remains incompetent.”
Johnson v. Hon hartsell/state, 525 P.3d 1091 (Ariz. Ct. App. 2023). “See A.R.S. §§ 13-4503, -4505, -4510; see also Ariz.”
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). “¶10 Separate from the process set in motion by a request to determine incompetency under § 13-4503, § 13-4504(A) provides that, “[n]otwithstanding any law to the contrary,” a “court may hold a hearing to dismiss any misdemeanor charge against [an] incompetent person” who “has…”
— Ariz. Rev. Stat. § 13-4503(B) — 3 cases
State v. Gonzalez (Ariz. Ct. App. 2022). “A.R.S. § 13-4503(B); Ariz. R. Crim. P. 11.”
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). “¶10 Separate from the process set in motion by a request to determine incompetency under § 13-4503, § 13-4504(A) provides that, “[n]otwithstanding any law to the contrary,” a “court may hold a hearing to dismiss any misdemeanor charge against [an] incompetent person” who “has…”
State of Arizona v. Rahim Muhammad, 513 P.3d 1095 (Ariz. 2022). “2(a)(1) (authorizing examination to determine if defendant is competent to stand trial); see also A.R.S. § 13-4503(A) (to same effect). The trial court appointed two psychologists, Dr.”
— Ariz. Rev. Stat. § 13-4503(C) — 5 cases
State v. Delahanty, 250 P.3d 1131 (Ariz. 2011). “2(c), the court “may order that a preliminary examination be conducted pursuant to A.R.S. § 13-4503(C) to assist the court in determining if reasonable grounds exist to order further examination of the defendant.”
Potter v. Vanderpool, 240 P.3d 1257 (Ariz. Ct. App. 2010). “Section 13-4503, A.R.S., which is entitled "Request for competency examination,” essentially mirrors Rule 11.”
State v. Brents (Ariz. Ct. App. 2020). “2(a)(2)- (d) (2017); see also A.R.S. § 13-4503(C), -4505(A). "Reasonable grounds exist if there is sufficient evidence to indicate that the defendant is not able to understand the nature of the proceedings against [the defendant] and to assist in [the] defense.”
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). “¶10 Separate from the process set in motion by a request to determine incompetency under § 13-4503, § 13-4504(A) provides that, “[n]otwithstanding any law to the contrary,” a “court may hold a hearing to dismiss any misdemeanor charge against [an] incompetent person” who “has…”
Carol Ann Potter Debra Joy Merryman v. State of Arizona (Ariz. Ct. App. 2010). “3 define the term “mental health expert,” prescribe the 2 Section 13-4503, A.R.S., which is entitled “Request for competency examination,” essentially mirrors Rule 11.”
— Ariz. Rev. Stat. § 13-4503(D) — 5 cases
Potter v. Vanderpool, 240 P.3d 1257 (Ariz. Ct. App. 2010). “Section 13-4503, A.R.S., which is entitled "Request for competency examination,” essentially mirrors Rule 11.”
State v. Silva, 216 P.3d 1203 (Ariz. Ct. App. 2009). “” A.R.S. § 13-4503(D) (2001); see also Ariz.”
State v. Tepper (Ariz. Ct. App. 2017). “” A.R.S. §§ 13-4503(D) (2017), 13-4510(A) (2017).”
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). “¶10 Separate from the process set in motion by a request to determine incompetency under § 13-4503, § 13-4504(A) provides that, “[n]otwithstanding any law to the contrary,” a “court may hold a hearing to dismiss any misdemeanor charge against [an] incompetent person” who “has…”
Carol Ann Potter Debra Joy Merryman v. State of Arizona (Ariz. Ct. App. 2010). “3 define the term “mental health expert,” prescribe the 2 Section 13-4503, A.R.S., which is entitled “Request for competency examination,” essentially mirrors Rule 11.”
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