Competent To Stand Trial
A.R.S. 13-4503 — any party, or the court, may ask in writing for a competency examination
Competency is a question about the present: whether the person can understand the proceedings and help with the defense now. The defendant's mental state at the time of the offense is a different question, which this page does not cover.
The definition. Incompetent to stand trial means that as a result of a mental illness, defect or disability a defendant cannot understand the nature and object of the proceeding or assist in the defense. The presence of a mental illness, defect or disability alone is not grounds for finding incompetence.
Raising it. After charges are filed, any party or the court may request in writing that the defendant be examined to determine competency to stand trial, to enter a plea, or to assist counsel, stating the facts. The court may have a mental health expert help decide whether reasonable grounds exist, and the superior court then has jurisdiction over competency hearings, with the exceptions the section allows.
Restoration treatment, commitment after a finding of incompetence, how long a case can stay suspended, and the insanity defense are set out in other sections and are not on this page. Whether a particular person is competent is decided by a court on evidence, and is a question for a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 13-4503 — Request for competency examination; jurisdiction over competency hearings; referral
- A.R.S. 13-4501 — Definitions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.