Rule 31.21. Petition for Review
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2021
Effective: January 1, 2021
16A A.R.S. Rules Crim.Proc., Rule 31.21
Formerly cited as AZ ST RCRP Rule 31.19
Rule 31.21. Petition for Review
(A) Petition. A party must file a petition for review no later than 30 days after the Court of Appeals enters its decision, unless a party files a timely motion for reconsideration in the Court of Appeals and, in that event, a party must file a petition for review no later than 15 days after the motion's final disposition.
(A) the issues that were decided by the Court of Appeals that the petitioner is presenting for Supreme Court review. The petition must also list, separately and without argument, additional issues presented to, but not decided by, the Court of Appeals that the Supreme Court may need to decide if review is granted.
(B) the facts material to a consideration of the issues presented to the Supreme Court for review, with appropriate references to the record on appeal. No evidentiary matter should be included if it is not material to proper consideration of the issues. If an evidentiary matter is material, the party must include a reference to the record where that evidence appears, as provided in Rule 31.10(d).
(C) 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.
(2) Attachments. 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.
(1) Necessity. If there are documents in the record on appeal that are necessary for determination of the issues raised by the petition or cross-petition, and hyperlinking to the record is unavailable, the petitioner and cross-petitioner must file with the petition or cross-petition an appendix that contains only those documents.
(1) Timing and Necessity. A party may respond to a petition or cross-petition by filing a response with the Supreme Court clerk no later than 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 30. A party preparing this certificate may rely on the word count of the processing system used to prepare the petition, cross-petition, or response.
(h) Service. A party filing a petition, a cross-petition, a response, a reply, or an appendix must serve a copy of the document in the manner provided in Rule 31.13(d) on all parties who were entitled to service in the Court of Appeals. The party also must file and serve a certificate of service in the manner provided in Rule 31.13(d)(2).
(i) Order Denying Review. The Supreme Court clerk must promptly notify the parties and the Court of Appeals clerk if the Supreme Court has denied a petition or cross-petition for review. An order of the Supreme Court denying review must identify those Supreme Court justices, if any, who voted to grant 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 no later than 15 days after the Supreme Court clerk sends notice to the parties of the order granting review.
(k) Availability of the Record. The Court of Appeals clerk must make the remaining record available to the Supreme Court clerk upon notification that the Supreme Court has granted a petition or cross-petition for review. After a petition for review is filed, the Court of Appeals clerk must make available portions of the record requested by the Supreme Court or its staff attorneys.
Credits
Added by Aug. 31, 2017, effective Jan. 1, 2018. Amended Aug. 26, 2020, effective Jan. 1, 2021.
16A A. R. S. Rules Crim. Proc., Rule 31.21, AZ ST RCRP Rule 31.21
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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