Rule 17. Appeals
Arizona Revised Statutes AnnotatedRules of Procedure for Eviction Actions
17B A.R.S. Rules Proc. Evic. Act., Rule 17
Rule 17. Appeals
a. General. Appeals from a lower court to the superior court shall be taken in the manner prescribed by A.R.S. § 12-1179 and by the Superior Court Rules of Appellate Procedure. Appeals from superior court shall be governed by A.R.S. § 12-1182 and the Rules of Civil Appellate Procedure. Unless otherwise ordered by the court, in all cases in which a party files a cost or supersedeas bond or pays rent to the clerk pending an appeal, the clerk shall return to that party any remaining portion of the bond or rent upon final adjudication of the case.
(1) Cost bond. The court shall set a cost bond at the time the notice of appeal is filed. The court may waive the cost bond if the appellant files a satisfactory affidavit of his or her inability to pay. The purpose of this bond shall be to reimburse the appellee's taxable costs if the appellant does not prevail on appeal. Failure to post a cost bond, unless waived based on an affidavit of inability to pay the judgment, is cause to dismiss the appeal. A separate cost bond is not required, however, if the appellant files a supersedeas bond that includes security for the payment of costs on appeal.
(2) Rent Pending Appeal. If the appellant wants to remain in possession of the premises while the appeal is pending, the appellant must pay to the clerk of the court any rent due apart from amounts included in the judgment and continue paying to the clerk additional rent as it becomes due during the appeal. Failure of the appellant to pay any rent due as it accrues is cause for the appellee to seek an order allowing it to enforce a writ of restitution, but shall not be cause for the dismissal of the appeal. In this event, the appeal will proceed despite the appellant's loss of possession of the premises while it is pending.
(3) Supersedeas bond. If the appellant wants to stop the enforcement of the monetary portion of the judgment while the appeal is pending, he or she shall post a supersedeas bond in an amount equal to the dollar amount of the judgment being appealed. Failure to post a supersedeas bond shall allow the enforcement of the monetary portion of the judgment but shall not be cause for dismissal of the appeal.
c. Superior Court Appeals. An appeal from the superior court shall not cause a stay of execution of the judgment unless the superior court so orders. The appellant shall file a bond in an amount fixed and approved by the court, conditioned on the appellant prosecuting the appeal to its conclusion. The bond shall be filed in an amount that provides security for the rental value of the premises pending the appeal and all damages, costs and rent that has been or may be ordered by the superior court.
In the event that a defendant remaining in possession pending appeal subsequently breaches an appeal condition imposed by the court, the plaintiff may file an emergency motion to lift a stay, and the court shall conduct a hearing within three days. If the third day is a Saturday, Sunday or other legal holiday the hearing shall be held on the next court day.
The court's decision denying a stay, conditioning the stay, or subsequently lifting the stay after a breach of an imposed condition may be reviewed by filing a petition for a special action with an appropriate appellate court pursuant to the Rules of Procedure for Special Actions.
Credits
Added Dec. 9, 2008, effective Jan. 1, 2009.
17B A. R. S. Rules Proc. Evic. Act., Rule 17, AZ ST EVICTION Rule 17
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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