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Rule 23. Petition for Review

Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part IV: Appellate Court Procedures and Decisions
Effective: September 1, 2019
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 23
Rule 23. Petition for Review
(a) Purpose. A petition for review asks the Supreme Court to review a decision of the Court of Appeals.
(b) Place and Time for Filing.
(1) Place for Filing. Any petition for review, cross-petition for review, response to a petition for review or cross-petition for review, or motion to extend the time for filing any of these documents, must be filed with the Supreme Court clerk.
(2) Timing.
(A) Unless any party files a timely motion for reconsideration, a party must file a petition for review within 30 days after entry of the Court of Appeals' decision.
(B) If any party files a timely motion for reconsideration in the Court of Appeals, a party must file a petition for review within 15 days after final disposition of the motion, or within 30 days after entry of the Court of Appeals' decision, whichever is later.
(C) A party may file a cross-petition for review within 15 days after service of a petition for review, or within 30 days after entry of the Court of Appeals' decision, whichever is later.
(c) Stay Pending Motion for Reconsideration.
(1) Generally. A petition for review is automatically stayed if the petition is filed before the Court of Appeals decides a timely filed motion for reconsideration.
(2) Duration of the Stay. The stay is lifted when the Court of Appeals clerk notifies the parties and the Supreme Court clerk that the Court of Appeals has denied the motion for reconsideration. If the Court of Appeals grants a motion for reconsideration, the stay remains in effect until the Court of Appeals enters a later disposition.
(3) Computing Time. The time for filing a response to the petition for review, or a cross-petition, is computed as if the filing of that petition occurred on the date the stay is lifted, as described in Rule 23(c)(2).
(4) Mootness. If a petition or cross-petition becomes moot because of a later disposition of a motion for reconsideration by the Court of Appeals, the petitioner or cross-petitioner must promptly file a written notice of mootness with the Supreme Court clerk.
(d) Contents. A copy of the Court of Appeals' decision must accompany the petition. If the Court of Appeals' decision is an order declining to accept jurisdiction of a special action, a copy of the superior court's decision that was the subject of the special action also must accompany the petition. In addition, the petition or cross-petition must contain concise statements of the following:
(1) The issues that were decided by the Court of Appeals that the petitioner is presenting for Supreme Court review. The petition also must list, separately and without argument, any additional issues presented to, but not decided by, the Court of Appeals that the Supreme Court may need to decide if it grants review.
(2) The facts material to consideration of the issues presented to the Supreme Court for review, with appropriate references to the record on appeal. No evidentiary matter may be included if it is not material to proper consideration of these issues. If any evidentiary matter is material, the party must include a reference to the record where that evidence appears, as provided in Rule 13(d).
(3) The reasons the petition should be granted, which may include, among others, that no Arizona decision controls the point of law in question, that a decision of the Supreme Court should be overruled or qualified, that there are conflicting decisions by the Court of Appeals, or that important issues of law have been incorrectly decided. References to case law must comply with Rule 13(f).
(4) If the party claims attorneys' fees on appeal or in connection with a petition or cross-petition for review, the party must include the information required by Rule 21(a).
(e) Appendix.
(1) Necessity. If there are documents in the record on appeal that are necessary for determining the issues raised by a party's petition or cross-petition, that party must file with the petition or cross-petition an appendix that contains only those documents.
(2) Form. An appendix must comply with the requirements of Rule 13.1.
(f) Response and Reply.
(1) Timing and Necessity. A party may respond to a petition or cross-petition by filing a response with the Supreme Court clerk within 30 days after service of the petition or cross-petition. A party's failure to file a response to a petition or cross-petition will not be treated as an admission that the Supreme Court should grant the petition or cross-petition.
(2) Additional Issues. A response must list, separately and without argument, any additional issues not listed by the petitioner that the parties presented to the Court of Appeals, which that court did not decide and which the Supreme Court may need to decide if it grants review.
(3) Appendix. The response may include an appendix as provided in Rule 23(e), but the appendix to the response may only include documents that were not contained in the appendix to the petition or cross-petition.
(4) Reply. The petitioner or cross-petitioner may not file a reply unless the Supreme Court enters an order specifically authorizing it, and then the petitioner or cross-petitioner must file the reply within the time set by that order.
(g) Form and Length of Petition, Cross-Petition, and Responses.
(1) Form. The caption of the petition must designate the parties as designated in the caption of filings in the Court of Appeals. The requirements of Rules 4(a)-(c) apply to a petition, a cross-petition, and a response to a petition or cross-petition.
(2) Length. A petition, a cross-petition, or response to a petition or cross-petition must not exceed 3,500 words. A cross-petition combined with a response to a petition may not exceed 6,500 words.
(3) Certificate of Compliance. A petition, a cross-petition, or a response to a petition or cross-petition must include a certificate of compliance as shown in Form 2. A party preparing this certificate may rely on the word count of the processing system used to prepare the petition, cross-petition, or response.
(h) Service. A party filing a petition, cross-petition, response, reply, or any appendix must serve a copy of the document as provided by Rule 4(f) on all parties that have appeared in the Court of Appeals, and must file a certificate of service as provided by Rule 4(g).
(i) Availability of Briefs. When the Supreme Court clerk notifies the Court of Appeals clerk that a party has filed a petition for review, the Court of Appeals clerk must make available to the Supreme Court the briefs the parties filed in the Court of Appeals. The Court of Appeals clerk also must make available other portions of the record requested by the Supreme Court or its staff attorneys.
(j) Order Denying Review. An order of the Supreme Court denying review must specify those justices of the Supreme Court, if any, who voted to grant review. The Supreme Court clerk must promptly notify the parties and the Court of Appeals clerk if the Supreme Court has denied all petitions and cross-petitions for review.
(k) Order Granting Review.
(1) Notice. The Supreme Court clerk must promptly notify the parties and the Court of Appeals clerk if the Supreme Court grants a petition or cross-petition for review.
(2) Issues. A Supreme Court order granting review must specify the issue or issues that the Supreme Court will review, and whether it will consider issues raised in, but not decided by, the Court of Appeals.
(3) Supplemental Briefs and Oral Argument. The Supreme Court may permit the parties to file supplemental briefs, or it may set oral argument, or both. Unless otherwise ordered, oral argument may not be scheduled less than 30 days after entry of a written notice of oral argument or, if supplemental briefs are permitted, less than 30 days after the deadline for filing supplemental briefs.
(4) Motion for Supplementation or Oral Argument. If an order granting review does not provide for supplemental briefs or oral argument, any party may file a motion specifying the reasons that supplementation or oral argument, or both, would be appropriate. A party must file this motion within 15 days after the Supreme Court clerk distributes notice to the parties of the order granting review.
(l) Availability of the Remaining Record. The Court of Appeals clerk must make the remaining record available to the Supreme Court clerk upon notification that the Supreme Court has granted a petition or cross-petition for review.
(m) Disposition. If the Supreme Court grants review, it may decide the appeal in any manner specified in Rule 28(a). Additionally, the Supreme Court may do the following:
(1) Remand the appeal to the Court of Appeals for reconsideration in light of authority it identifies in its decision or order.
(2) If issues were raised in, and not decided by, the Court of Appeals, it may consider and decide those issues, remand the appeal to the Court of Appeals to decide them, or dispose of those issues as it deems appropriate.
(3) If the parties by agreement resolve the appeal after a petition for review is filed, it may vacate the disposition of the Court of Appeals, or order depublication of an opinion of the Court of Appeals.

Credits

Amended April 28, 1983, effective Sept. 1, 1983; June 29, 1987, effective July 1, 1987; Sept. 15, 1987, effective Nov. 15, 1987; May 24, 1989, effective Aug. 1, 1989; March 28, 1990, effective July 1, 1990; March 1, 1994, effective April 1, 1994; April 26, 1994, effective June 1, 1994; June 10, 1997, effective Jan. 1, 1998; Oct. 6, 1998, effective Dec. 1, 1998; Sept. 18, 2006, effective Jan. 1, 2007; Sept. 16, 2008, effective Jan. 1, 2009. Amended and effective Feb. 10, 2009. Amended Oct. 27, 2010, effective Oct. 27, 2010; Sept. 1, 2011, effective Jan. 1, 2012; Aug. 30, 2012, effective Jan. 1, 2013; Aug. 28, 2013, effective Jan. 1, 2014; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 23, AZ ST CIV A P Rule 23
Current with amendments received through 08/15/2020.
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