Home Table of Contents

Rule 29. Accelerated Appeals

Arizona Revised Statutes AnnotatedRules of Civil Appellate Procedure

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part IV: Appellate Court Procedures and Decisions
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 29
Rule 29. Accelerated Appeals
(a) Scope. This Rule provides an alternative procedure for accelerated disposition of an appeal by the Court of Appeals. Where they are inconsistent with provisions of other Rules, the provisions of this Rule apply.
(b) Designation. The Court of Appeals may enter an order designating an appeal “accelerated” by stipulation or by motion.
(1) By Stipulation. If all parties agree to an accelerated appeal, they may file a stipulation with the Court of Appeals requesting the order. The parties must file the stipulation within 15 days after the appellate clerk mails or otherwise distributes the initial notice required under Rule 12(b).
(2) By Motion of a Party. After an appeal is at issue as defined in Rule 15(b), a party by motion may request an order that the appeal be accelerated. A party may file an objection within 10 days after service of the motion, and other parties may file a response within 10 days after service of the objection.
(3) By the Court's Motion. After an appeal is at issue as defined in Rule 15(b), the Court of Appeals on its own motion may order than an appeal be accelerated. Any party may file an objection to the order within 10 days after its entry, and other parties may file a response to the objection within 10 days after service of the objection.
(c) Briefs. Rules 13, 13.1, and 14 govern briefs in accelerated appeals, unless the parties stipulate before the filing of the appellant's brief to file summary briefs. If the parties have timely stipulated to summary briefs, neither the opening nor the answering brief may exceed 3,600 words, and any reply must not exceed 1,800 words. Every brief must be accompanied by a certificate (Form 2) that confirms compliance with the word limit. The argument in a summary brief must contain only an outline of each argument, consisting of a summary statement of the argument and a list, without elaboration, of the authorities and the specific pages on which the party relies. If the parties have stipulated to file summary briefs, neither the stipulation nor a motion may modify the provisions of this Rule.
(d) Oral Argument and Expedited Decision. If a party requests oral argument under Rule 18 in an accelerated appeal and the request is granted, the Court of Appeals will hear the argument within 90 days after entry of an order under Rule 29(b), or within 90 days after the appeal is at issue under Rule 15(b), whichever is later. The Court of Appeals will decide the appeal within 3 days after oral argument. If the parties do not request oral argument, the Court of Appeals will dispose of an accelerated appeal within 90 days after the entry of an order under Rule 29(b), or within 90 days after the appeal is at issue, whichever is later.
(e) Summary Decision. The Court of Appeals may decide an accelerated appeal by an order that summarily states the basis for the disposition. The court may give an oral decision from the bench following oral argument in addition to providing a written order. A decision or order under this Rule may be cited only as provided in Rule 28(f).
(f) Petitions for Review. If a party files a petition for review in an accelerated appeal, the Supreme Court will give priority to the petition.
(g) Discretion of the Court. An appellate court at any time may remove an appeal from accelerated disposition if it concludes that the appeal is not appropriate for accelerated treatment.

Credits

Added June 30, 1992, effective Dec. 1, 1992. Amended Oct. 6, 1998, effective Dec. 1, 1998; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 29, AZ ST CIV A P Rule 29
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.
End of Document