Ariz. Rev. Stat. » Title 22
Arizona Revised Statutes

Ariz. Rev. Stat. § 22-311 (2026)

Commencement of action; arrest or summons; examination of witnesses

✓ current as of May 2026
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A. All proceedings and actions before justice courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.

B. If the justice of the peace is satisfied that the offense complained of was committed by the person charged, the justice shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint the justice may subpoena and examine witnesses as to the truth of the complaint.

 

Notes of Decisions
Cited in 7 cases, 1962–1999 · leading case: Michigan v. Doran, 439 U.S. 282 (1978).
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Michigan v. Doran, 439 U.S. 282 (1978). · cites it 2× “The Arizona Rules of Criminal Procedure require that on a finding of probable cause the judicial officer shall issue a warrant reciting the information on which it is based. Rules 3.1 and 3.”
Peterson v. Jacobson, 411 P.2d 31 (Ariz. Ct. App. 1966). · cites it 4× “All proceedings and actions before justice of the peace courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable…”
State v. Laguna, 602 P.2d 847 (Ariz. Ct. App. 1979). · cites it 2× “The state nevertheless asserts that the double jeopardy defense is inapplicable because the complaint initiating the misdemeanor proceedings was not under oath, as is required by A.R.S. § 22-311(A): A. All proceedings and actions before justice of the peace courts for public…”
Erdman v. Superior Court, 429 P.2d 495 (Ariz. Ct. App. 1967). · cites it 2× “§ 22-421, relating to commencing an action in a Police Court for violation of a city ordinance, is similar to A.R.S. § 22-311 concerning commencement of action in Justice Courts, and Division Two of our Court has stated: “We note that the language of the statutes is mandatory—an…”
Meadows v. Grant, 486 P.2d 216 (Ariz. Ct. App. 1971). · cites it 2× “In such capacity he is charged with the express duty, under A.R.S. § 22-311 and Rules 1 and 2, Rules of Criminal Procedure, 17 A.”
Ralls v. Just. Court, 377 P.2d 194 (Ariz. 1962). · cites it 4× “Arizona Rules of *350 Criminal Procedure 78; 2 A.R.S. § 22-311(A) 3 . We recognize that the Arizona Constitution, article II, section 24, A.”
Frohlich v. City Court, 995 P.2d 714 (Ariz. Ct. App. 1999). · cites it 2× “A.R.S. § 22-311 imposes similar requirements for commencing criminal proceedings in justice court.”
— Ariz. Rev. Stat. § 22-311(A) — 2 cases
State v. Laguna, 602 P.2d 847 (Ariz. Ct. App. 1979). “The state nevertheless asserts that the double jeopardy defense is inapplicable because the complaint initiating the misdemeanor proceedings was not under oath, as is required by A.R.S. § 22-311(A): A. All proceedings and actions before justice of the peace courts for public…”
Ralls v. Just. Court, 377 P.2d 194 (Ariz. 1962). “Arizona Rules of *350 Criminal Procedure 78; 2 A.R.S. § 22-311(A) 3 . We recognize that the Arizona Constitution, article II, section 24, A.”
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