Rule 15. Due Dates; Filing and Service of Briefs
Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2022
Effective: January 1, 2022
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 15
Rule 15. Due Dates; Filing and Service of Briefs
(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.
(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.
(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.
(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.
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.
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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