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

Ariz. Rev. Stat. § 22-320 (2026)

Trial by jury

✓ current as of May 2026
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A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law.

 

Notes of Decisions
Cited in 20 cases, 1965–2008 · leading case: Benitez v. Dunevant, 979 P.2d 1017 (Ariz. Ct. App. 1999).
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Benitez v. Dunevant, 979 P.2d 1017 (Ariz. Ct. App. 1999). · cites it 46× “2d at 485-86 (stating that A.R.S. §§ 22-320 through 22-326 apply "equally to trials in justice and police courts").”
Manic v. Dawes, 141 P.3d 732 (Ariz. Ct. App. 2006). · cites it 11× “Unless the demand is made before commencement of the trial, a trial by jury shall be deemed waived.”
Goldman v. Kautz, 531 P.2d 1138 (Ariz. 1975). · cites it 17× “Unless the demand is made before commencement of the trial, a trial by jury shall be deemed waived." We do not think the quoted section grants a substantive right, but, rather, was intended to be procedural and must be read as meaning that a trial by jury shall be had if…”
St. Ex Rel. De Concini v. City Ct. of City of Tucson, Pima Cnty., 454 P.2d 192 (Ariz. Ct. App. 1969). · cites it 24× “See A.R.S. § 22-320, subsec. A. Though I am still impressed with the validity of the reasoning employed in Tsipai , I cannot reconcile it with a subsequent decision of our Supreme Court, O'Neill v.”
City of Phoenix v. Jones, 541 P.2d 424 (Ariz. Ct. App. 1975). · cites it 24× “The right to trial by jury in non-record courts is set forth in A.R.S. § 22-320 dealing with justice of the peace courts and A.”
Rothweiler v. Superior Court of Pima Cnty., 410 P.2d 479 (Ariz. 1966). · cites it 3× “This procedure is found in the 1956 codification as A.R.S. § 22-320 which states : “A. A trial by jury shall be had if demanded by either the state or defendant.”
State ex rel. Wangberg v. Smith, 118 P.3d 49 (Ariz. Ct. App. 2005). · cites it 4× “He alleged that he was entitled by the terms of A.R.S. § 22-320 to a trial by jury if he demanded one.”
Arizona Dep't of Econ. Sec. v. Reinstein, 150 P.3d 782 (Ariz. Ct. App. 2007). · cites it 4× “Unless the demand is made before commencement of the trial, a trial by jury shall be deemed waived. Id. The court wrote: We do not think the quoted section grants a substantive right, but, rather, was intended to be procedural and must be read as meaning that a trial by jury…”
Rothweiler v. Superior Court of Pima Cnty., 402 P.2d 1010 (Ariz. Ct. App. 1965). · cites it 6× “The provision pertaining to jury trials became A.R.S. § 22-320 in Ch. 3 of Tit. 22, which pertains to "Criminal Proceedings in Justice Courts.”
State Ex Rel. Dean v. City Court of Tucson, 687 P.2d 369 (Ariz. Ct. App. 1984). · cites it 4× “Appellee urges that she is entitled to a jury trial by virtue of A.R.S. § 22-320, as well as both the state and federal constitutional provisions guaranteeing the right to trial by jury in criminal cases.”
State Ex Rel. Brannan v. Williams, 171 P.3d 1248 (Ariz. Ct. App. 2007). · cites it 3× “2d 1138, 1139 (1975) ("We do not think [A.R.S. § 22-320] grants a substantive right, but, rather, was intended to be procedural and must be read as meaning that a trial by jury shall be had if demanded In [sic] cases where a jury trial is appropriate.”
Phoenix City Prosecutor's Off. v. Ybarra, 160 P.3d 695 (Ariz. Ct. App. 2007). · cites it 4× “See A.R.S. § 22-320(A) (2002) (stating jury demand by state or defendant must be made at least five days before trial or deemed waived).”
Show all 20 citing cases →
— Ariz. Rev. Stat. § 22-320(A) — 6 cases
Phoenix City Prosecutor's Off. v. Ybarra, 160 P.3d 695 (Ariz. Ct. App. 2007). “See A.R.S. § 22-320(A) (2002) (stating jury demand by state or defendant must be made at least five days before trial or deemed waived).”
State v. Harrison, 792 P.2d 779 (Ariz. Ct. App. 1990).
Benitez v. Dunevant, 979 P.2d 1017 (Ariz. Ct. App. 1999). “2d at 485-86 (stating that A.R.S. §§ 22-320 through 22-326 apply "equally to trials in justice and police courts").”
Phoenix City Prosecutor's Off. v. Ybarra, 182 P.3d 1166 (Ariz. 2008).
Phoenix City Prosecutor v. Hon. ybarra/landers (Ariz. 2008).
— Ariz. Rev. Stat. § 22-320(B) — 2 cases
Benitez v. Dunevant, 979 P.2d 1017 (Ariz. Ct. App. 1999). “2d at 485-86 (stating that A.R.S. §§ 22-320 through 22-326 apply "equally to trials in justice and police courts").”
State ex rel. Romley v. Johnson, 993 P.2d 453 (Ariz. Ct. App. 1998).
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