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Rule 33. Appellate Memoranda; Dismissal for Non-filing

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic and Civil Boating Violations

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic and Civil Boating Violations (Refs & Annos)
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 33
Rule 33. Appellate Memoranda; Dismissal for Non-filing
(a) The appellant shall file an original and one copy of appellant's memorandum in the trial court within 60 calendar days of the deadline to file the notice of appeal. The trial court shall mail or deliver the copy of the memorandum to the appellee. For good cause, the trial court may enlarge the time to file the memorandum.
(b) If the appellant fails to file an appellate memorandum, the appeal shall be deemed abandoned and dismissed by the trial court with notice to appellant. Where the defendant is the appellant, the trial court may proceed as set forth in rule 32(c).
(c) An original and one copy of the appellee's memorandum shall be filed within 30 calendar days of transmittal of the appellant's memorandum. The trial court shall mail or deliver the copy of the memorandum to the appellant. For good cause, the trial court may enlarge the time to file the appellee's memorandum. If the appellee does not file a memorandum, the appeal shall be submitted on the appellant's memorandum and the record. The non-filing of an appellee's memorandum shall not be deemed a confession of error.
(d) Appellate memoranda shall be typed or printed on white, opaque, letter-size paper, double-spaced, and shall not exceed 15 pages, excluding exhibits. The memorandum shall set forth a factual and legal basis for appropriate judicial relief. Memoranda shall include a short statement of the facts with reference to the record, a concise argument setting forth the legal issues presented with citation of authority, and a conclusion stating the precise remedy sought on appeal.
(e) No further memoranda shall be filed unless ordered by the Superior Court.
(f) Motions for more time shall be presented to the trial court and shall be ruled upon by a judge other than the judge that heard the matter being appealed.

Credits

Added as Rule 38 Nov. 9, 1983, effective Jan. 1, 1984. Redesignated Rule 33 and amended Oct. 11, 2002, effective Dec. 1, 2002. Amended Aug. 27, 2015, effective Jan. 1, 2016.

Editors' Notes

HISTORICAL NOTES
Former Rule 33 was redesignated as Rule 30.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 33, AZ ST CIV TRAF Rule 33
Current with amendments received through 11/1/18
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