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Rule 6. Motions

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

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part I: General Provisions
Effective: September 1, 2019
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 6
Rule 6. Motions
(a) Generally.
(1) Form and Content. A party may apply for an order or other relief by filing a motion. The motion must be in the form required by Rule 4. A motion must state with particularity the basis for any requested order or other relief.
(2) Response and Reply. Any party may file a response to a motion within 10 days after service of the motion. The moving party may file a reply memorandum within 5 days after service of a response. The reply must be strictly confined to rebuttal of points made in the response.
(3) Evidentiary Support. A motion stating facts that are not in the record, or of which the appellate court may not take judicial notice, must be supported by an affidavit, declaration or other satisfactory evidence establishing those facts.
(4) Service. A party filing a motion, response, reply, or other document in connection with a motion must serve a copy of the filing on all parties as provided by Rule 4(f), and must file a certificate of service as provided by Rule 4(g).
(b) Motions for Procedural Orders.
(1) Availability and Content. A procedural order is one that does not substantially affect the rights of the parties or the ultimate disposition of the appeal.
(A) Timing. An appellate court may rule on a motion for a procedural order, including a motion for an extension of time, at any time, without awaiting a response from another party.
(B) Statement. A motion for a procedural order must include a statement by the moving party of whether the other parties consent to, or object to, the entry of the order that is sought; or must explain the reasons why the moving party was unable to contact the other parties before filing the motion.
(C) Caption. The caption of a motion for procedural order must include the words, “Motion for Procedural Order.”
(2) Ruling and Later Review. A single judge of the appellate court may act on a motion for a procedural order. An appellate court also may authorize its clerk or other appellate court personnel to act on specified types of procedural motions. A party adversely affected by a procedural order may file a motion within 15 days after entry of the order requesting the court to vacate or modify the order. An appellate court on its own motion may review the granting or denial of a procedural motion by a single judge, an appellate clerk, or other appellate court personnel.

Credits

Amended April 2, 1981, effective July 1, 1982; April 28, 1983, effective Sept. 1, 1983. Amended June 10, 1997, effective Jan. 1, 1998; Jan. 24, 2001, effective June 1, 2001; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 6, AZ ST CIV A P Rule 6
Current with amendments received through 08/15/2020.
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