Ariz. Rev. Stat. » Title 21
Arizona Revised Statutes

Ariz. Rev. Stat. § 21-413 (2026)

Indictment upon probable cause

✓ current as of May 2026
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The grand jury shall return an indictment charging the person under investigation with the commission of a public offense if, from all the evidence taken together, it is convinced that there is probable cause to believe the person under investigation is guilty of such public offense.

Notes of Decisions
Cited in 33 cases (8 in the last 5 years), 1948–2025 · leading case: State v. Gomez, 127 P.3d 873 (Ariz. 2006).
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State v. Gomez, 127 P.3d 873 (Ariz. 2006). · cites it 4× “A.R.S. § 21-413 (2002). The allegations contained in the indictment have thus been subjected to some testing before neutral arbiters, and the issuance of the indictment demonstrates probable cause to believe that the defendant might be a violent offender.”
Franzi v. Superior Court of Arizona, 679 P.2d 1043 (Ariz. 1984). · cites it 4× “A.R.S. § 21-413. Franzi does not urge that probable cause to indict is not present.”
State v. Coconino Cty. Superior Ct., Div. II, 678 P.2d 1386 (Ariz. 1984). · cites it 2× “A.R.S. § 21-413; 17 A.R.S. Rules of Criminal Procedure, rule 12.”
Reams v. City of Tucson, 701 P.2d 598 (Ariz. Ct. App. 1985). · cites it 2× “” A.R.S. § 21-413. In reality, it is nothing more than an expression of the opinion of at least nine people as to the credibility of the evidence presented to it by the prosecutor, and as such, it has no tendency whatsoever to make the existence of the underly *344 ing facts…”
Korzep v. Superior Court, 746 P.2d 44 (Ariz. Ct. App. 1987). · cites it 4× “A.R.S. § 21-413 provides: The grand jury shall return an indictment charging the person under investigation with the commission of a public offense if, from all the evidence taken together, it is convinced that there is probable cause to believe the person under investigation is…”
Franzi v. Superior Court, 679 P.2d 1043 (Ariz. 1984). · cites it 4× “A.R.S. § 21-413. Franzi does not urge that probable cause to indict is not present.”
State v. Gomez, 102 P.3d 992 (Ariz. Ct. App. 2004). · cites it 2× “12.1(d)(4) (same). Given the lower burden of proof applied in grand jury proceedings, the mere fact of an indictment for a violent crime cannot be deemed to establish beyond a reasonable doubt that the person indicted is a violent offender.”
Trico Elec. Coop., Inc. v. Ralston, 196 P.2d 470 (Ariz. 1948). “” Section 21-413, A.C.A.1939. If this issue is not raised by motion before the answer is filed, it must be set forth in the answer as an affirmative defense.”
Sanchez v. Ainley, 308 P.3d 1165 (Ariz. Ct. App. 2013). · cites it 2× “AR.S. § 21-413 (2013) (“grand jury shall return an indictment charging the person under investigation with the commission of a public offense if .”
State v. Horner, 543 P.2d 118 (Ariz. 1975). · cites it 2× “ARS § 21-413; Rule 103(B), 1956 Rules of Criminal Procedure.”
In Re Cassidy's Est., 270 P.2d 1079 (Ariz. 1954). “*299 Rule 9 (a), Rules Civil Procedure, Section 21-413, A.C.A. 1939, declares: "It is not necessary to aver the capacity of a party to sue or be sued * * *.”
State v. Brannin, 514 P.2d 446 (Ariz. 1973). “” § 21-413 A.R.S. Even assuming that the failure of the court to instruct the grand jury as to the elements of probable cause is a valid ground for granting a motion to quash an indictment, especially in a case wherein it is obvious that there was probable cause to return the…”
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