Rule 23. Petition for Review
Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: September 1, 2019
Effective: September 1, 2019
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 23
Rule 23. Petition for Review
(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.
(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).
(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.
(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.
(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.
(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.
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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