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Rule 4. Time for Taking Appeal and Cross-Appeal

Arizona Revised Statutes AnnotatedSuperior Court Rules of Appellate Procedure-- Civil

Arizona Revised Statutes Annotated
Superior Court Rules of Appellate Procedure-- Civil (Refs & Annos)
Superior Court Rules of Appellate Procedures-Civil, Rule 4
Rule 4. Time for Taking Appeal and Cross-Appeal
(a) The notice of appeal shall be filed with the trial court within 14 calendar days after the entry of the order, ruling, or judgment appealed from, except that in forcible and special detainer cases, the time limit shall be five calendar days.
(b) The notice of cross-appeal shall be filed with the trial court within 28 calendar days after the entry of the order, ruling, or judgment appealed from, except that in forcible and special detainer cases the time limit shall be ten calendar days.
(c) The date of receipt of the notice of appeal or any notice of cross-appeal shall be stamped or marked on its face when received.
(d) Within the 14 calendar day deadline to file the notice of appeal, or five day deadline in forcible and special detainer cases, the appellant shall also pay the applicable record or transcript fees to the trial court in cash or other manner allowed by the trial court, or make arrangements with an authorized transcriber for the preparation and filing with the trial court of the certified transcript(s). Within the 28 calendar day deadline to file a cross-appeal, or ten day deadline in forcible and special detainer cases, the cross- appellant shall pay the applicable record or transcript fee pertaining to the cross-appeal to the trial court in cash or other manner allowed by the trial court, or make arrangements with the authorized transcriber for the preparation and filing with the trial court of the certified transcript(s) pertaining to the cross-appeal. Appellant shall be responsible for the filing of all certified transcripts with the trial court prior to the filing of its memorandum. Cross-appellant shall be responsible for the filing of all certified transcripts pertaining to the cross-appeal with the trial court prior to the filing of its appellate memorandum. The trial court may assess a separate fee to prepare additional requested copies of the record, including documents, exhibits, and electronic recordings of proceedings.
(e) Except in forcible and special detainer cases, when any of the following motions are timely filed by any party, the time for appeal for all parties is extended, and the times set forth in this rule shall be computed from the entry of any of the following orders:
(1) Granting or denying a motion for judgment notwithstanding the verdict pursuant to Ariz. Rules of Civil Proc. 50(b);
(2) Granting or denying a motion to amend or make additional findings of fact pursuant to Ariz. Rules of Civil Proc. 52(b), whether or not granting the motion would alter the judgment;
(3) Granting or denying a motion to alter or amend the judgment pursuant to Ariz. Rules of Civil Proc. 59(l);
(4) Denying a motion for a new trial pursuant to Ariz. Rules of Civil Proc. 59(a).
If more than one of the foregoing motions is timely filed, the expiration of the time for appeal is to be computed from the entry of the order that disposes of the last remaining motion. When a motion to amend or make additional findings of fact is granted, the time does not start to run until the amendment or addition has been accomplished by court order. The same applies to the granting of a motion to alter or amend the judgment. For the purposes of this subdivision, entry of an order occurs when a signed written order is filed with the clerk of that court.

Credits

Added April 30, 2003, effective June 1, 2003 on an emergency basis. Amended Oct. 16, 2003, effective Dec. 1, 2003; Sept. 18, 2006, effective Jan. 1, 2007.

Editors' Notes

HISTORICAL NOTES
Former Rule 4, Filing and Service, was repealed by order dated April 30, 2003, effective June 1, 2003 on an emergency basis.
17C A. R. S. Super. Ct. Civil Appellate Proc. Rules, Rule 4, AZ ST SUPER CT RAP CIV Rule 4
The Arizona Court Rules are current with amendments received through 8/1/18. The Code of Judicial Administration is current with amendments received through 4/15/18.
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