Rule 31.22. Appellate Court Mandates
Arizona Revised Statutes AnnotatedRules of Criminal Procedure
16A A.R.S. Rules Crim.Proc., Rule 31.22
Formerly cited as AZ ST RCRP Rule 31.23
Rule 31.22. Appellate Court Mandates
(B) if the defendant has filed a petition for writ of certiorari, when the Supreme Court clerk receives notice from the United States Supreme Court of a denial of the petition or, in a case in which the United States Supreme Court grants the petition, receives notice that the United States Supreme Court has issued its mandate.
(B) a party may file an application for a stay of issuance of the mandate with the Court of Appeals clerk no later than 15 days after the Arizona Supreme Court enters an order denying a petition for review, or no later than 15 days in any other situation requiring the Court of Appeals to issue a mandate.
(2) Duration. A stay may not exceed 90 days unless the appellate court extends the time for good cause. If, during this stay period, a party files a notice with the appellate clerk stating that the party has filed a petition for a writ of certiorari, the stay will continue until the appellate clerk receives notice from the United States Supreme Court of the denial of the petition or, in a case in which the United States Supreme Court grants the petition, receives notice that the United States Supreme Court has issued its mandate.
(f) Mandates from the United States Supreme Court. Upon receiving a mandate from the United States Supreme Court, an Arizona appellate court will take action consistent with that mandate, including issuing its own mandate to the superior court that entered the original judgment. The Arizona appellate court's mandate will contain a verbatim recital of the United States Supreme Court mandate and command the superior court to take action as provided in the mandate.
Credits
Added by Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 31.22, AZ ST RCRP Rule 31.22
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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