Formal Arraignment Waiver
The following steps must be taken by defense counsel to waive appearance at
Formal Arraignment during the judicial emergency:
Defense counsel must enter their Appearance on behalf of the Defendant.
After the Praecipe for Appearance has been filed with the Department of Court
Records, defense counsel may download and complete the attached Waiver of
Arraignment form. This document can be found on the Fifth Judicial District
Once completed, the Waiver of Arraignment form must be forwarded to
The email must include counsel’s phone number, email address, and mailing
The Formal Arraignment Office will review the waiver request and determine if
the Criminal Information has been filed by the District Attorney’s Office.
the Criminal Information has been filed, the Formal Arraignment Office will
email the attorney of record the information and all paperwork along with the
judge assignment and a subpoena for the Defendant to appear on the
scheduled Pretrial Conference date or Phoenix Court date. When required, a
CRN appointment confirmation will be included in the paperwork; defendant
shall attend CRN appointment and attend full assessment prior to court date.
If the case is eligible for ARD, information will be provided to defense counsel
to contact the District Attorney’s ARD unit and complete the ARD interview.
Upon subsequent receipt of the ARD paperwork from defense counsel showing
that the defendant has been accepted into the ARD program, the Formal
Arraignment Office will provide an ARD date and subpoena to defense counsel
If the Criminal Information has not been filed, the Formal Arraignment Office
will reschedule the Formal Arraignment date and notify defense counsel of the
Defense Counsel will sign the subpoena on the defendant’s behalf with the
defendant’s permission or will make arrangements for the defendant to sign
the subpoena and return it to the Formal Arraignment Office by email.