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Rule 8. Appeal and Cross-Appeal--How Taken

Arizona Revised Statutes AnnotatedRules of Civil Appellate Procedure

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part II: Appeal from a Judgment
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 8
Rule 8. Appeal and Cross-Appeal--How Taken
(a) Filing a Notice of Appeal. A party to a superior court judgment may take an appeal by filing a notice of appeal with the clerk of the superior court that entered the judgment. The party must file the notice of appeal within the time provided by Rule 9(a).
(b) Filing a Notice of Cross-Appeal. A party to a superior court judgment may take a cross-appeal by filing a notice of cross-appeal with the clerk of the superior court that entered the judgment. The party must file the notice of cross-appeal within the time provided by Rule 9(b).
(c) Content of the Notice of Appeal or Cross-Appeal. The notice of appeal or cross-appeal must:
(1) Include the caption of the case and the superior court case number;
(2) Identify the party or parties taking the appeal or cross-appeal;
(3) Designate the judgment or portion of the judgment from which the party is appealing or cross-appealing;
(4) Identify the court to which the party is appealing; and
(5) Be signed by the attorney for the party that is taking the appeal or cross-appeal, or by the party if the party has no attorney.
Form 1 is a form for the notice of appeal or notice of cross-appeal.
(d) Appellate Court Jurisdiction. Failure of an appellant or cross-appellant to perform an act other than the timely filing a notice of appeal or cross-appeal does not affect the appellate court's jurisdiction, but the failure may be grounds for other appropriate appellate court action, including dismissal of the appeal or cross-appeal.
(e) Payment of Filing Fee. An appealing party must pay the required statutory filing fee to the superior court clerk when filing a notice of appeal or a notice of cross-appeal, unless the party is exempt or a superior court judge has waived or deferred the fee.
(f) Judgment for Jury Fees. A notice of appeal from a judgment also serves as an appeal from any related judgment for jury fees, regardless of whether the notice designates the judgment for those fees.
(g) Joint or Consolidated Appeals or Cross-Appeals. Two or more parties may join in an appeal or cross-appeal from a judgment if they have similar interests and a joinder is practicable. They may join in an appeal or cross-appeal by filing a joint notice of appeal or cross-appeal, and they may then proceed as a single appellant or cross-appellant. On its own, on motion, or by stipulation, an appellate court also may consolidate multiple appeals and cross-appeals.
(h) Superior Court Clerk's Distribution of a Notice of Appeal or Cross-Appeal. Upon the filing of a notice of appeal or cross-appeal, the superior court clerk must promptly distribute a copy of the notice on every party to the superior court judgment. The superior court clerk's notice of distribution must include the filing date of the notice of appeal or cross-appeal, the names of the parties provided with the clerk's notice, and the date and manner of distribution. The death of a party or an attorney for a party will not affect the sufficiency of distribution of the superior court clerk's notice.

Credits

Amended June 10, 1997, effective Jan. 1, 1998; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 8, AZ ST CIV A P Rule 8
State Court Rules are current with amendments received and effective through 4/1/22. The Code of Judicial Administration is current with amendments received through 4/1/22.
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