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Rule 15. Due Dates; Filing and Service of Briefs

Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part III: Appellate Briefs
Effective: January 1, 2022
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 15
Rule 15. Due Dates; Filing and Service of Briefs
(a) Time for Filing a Brief.
(1) Opening Brief. The appellant must file an opening brief within 60 days after the appellate clerk mails or otherwise distributes an initial notice under Rule 12(b). If an appellant does not timely file an opening brief, the appellate court on motion of a party or on its own motion may dismiss the appeal.
(2) Answering Brief. The appellee must file an answering brief within 40 days after service of the appellant's brief. If the appellee does not timely file an answering brief, the appellate court may deem the appeal submitted for decision based on the opening brief and the record.
(3) Reply Brief. The appellant may file a reply brief within 20 days after service of the answering brief. In lieu of filing a reply brief, the appellant may file a notice that the appellant will not be filing a reply brief.
(4) Combined Brief on Cross-Appeal. A cross-appealing party must file a combined answering brief on appeal and opening brief on cross-appeal within 40 days after service of the appellant's opening brief. The appellant/cross-appellee must then file a combined reply brief on appeal and answering brief on cross-appeal within 40 days after service of the combined answering brief on appeal/opening brief on cross-appeal.
(5) Reply Brief on Cross-Appeal. The cross-appellant may file a reply brief within 20 days after service of the cross-appellee's combined brief. The reply brief may address only matters raised by the answering brief on cross-appeal. In lieu of filing a reply brief, the cross-appellant may file a notice that the cross-appellant will not be filing a reply brief.
(6) Amicus Curiae Brief. Amicus curiae must file a brief in the time provided by Rule 16.
(7) Response to Amicus Curiae Brief. A party may respond to an amicus curiae brief. If amicus curiae files a brief with the consent of the parties, or if a government entity or agency files an amicus curiae brief, a party has 20 days after service of the brief to file a response. If the appellate court issues an order granting a motion for leave to file an amicus curiae brief that has been lodged with the appellate court, a party has 20 days after entry of that order to file a response.
(8) Intervenor's Brief. An intervenor must file a brief within the time specified in the appellate court's order permitting intervention.
(b) “At Issue.” The appeal will be deemed to be “at issue” when the final reply brief is filed or is due, whichever is earlier.
(c) Manner of Filing Briefs.
(1) Electronic Filing. Unless an exception applies under Rule 4.1, a party must file a brief electronically. Electronic filing of a brief is timely only if the appellate clerk actually receives it within the time allowed for filing.
(2) Paper Filing. A party may file a paper brief only if Rule 4.1 permits it. The filing of a paper brief is timely only if:
(A) The filing party places the brief in the United States Postal Service mail within the time allowed for filing;
(B) The filing party delivers the brief to a third-party commercial carrier within the time allowed for filing, for the carrier's delivery to the appellate clerk within 3 calendar days; or
(C) The filing party hand-delivers the brief to the appellate clerk within the time allowed for filing.
(3) Certificate of Paper Filing. If a party files a paper brief under Rule 15(c)(2)(A) or (B), that party also must file a certificate of paper filing indicating the manner of filing. The certificate must state the date the brief was delivered to the commercial carrier or placed in the United States Postal Service mail. The filing party must serve this certificate on all other parties.
(d) Service of Briefs.
(1) Generally. A party must serve a brief and any separate appendix to the brief on all other parties to the appeal, as provided by Rule 4(f). The party serving the brief, and any separate appendix, must file a certificate of service with the appellate clerk, as provided by Rule 4(g).
(2) Number of Paper Copies. A party that files a paper brief or separate paper appendix must serve two copies of the brief and appendix on every separately represented party.
(e) Extension of Time to File a Brief.
(1) Transcript Unavailability. If a party moves to extend the time for filing a brief based on unavailability of a transcript, the party's motion must:
(A) Certify that the party timely ordered and made payment arrangements for a transcript under Rule 11;
(B) State the reason for the certified reporter's or authorized transcriber's inability to have the transcript completed; and
(C) State the certified reporter's or authorized transcriber's estimated date of completing the transcript.
If the appellate court grants the motion to extend time based on the unavailability of a transcript, it will extend the time for filing the brief to 30 days after the estimated completion date of the transcript.
(2) Extensions for Other Reasons. A party's motion or the parties' stipulation to extend the time for filing a brief for any reason other than the unavailability of a transcript must comply with Rule 5(b) or Rule 6(b), as applicable.

Credits

Amended April 28, 1983, effective Sept. 1, 1983; March 10, 1987, effective June 1, 1987; June 10, 1997, effective Jan. 1, 1998; May 31, 2000, effective June 1, 2000; Aug. 30, 2012, effective Jan. 1, 2013; Sept. 2, 2014, effective Jan. 1, 2015; amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Civil Appellate Proc. Rules, Rule 15, AZ ST CIV A P Rule 15
State Court Rules are current with amendments received and effective through 8/1/22. The Code of Judicial Administration is current with amendments received through 8/1/22.
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