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Rule 12. Notice Regarding Filing Fee and Deadlines; Case Management Statement in Division One

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 12
Rule 12. Notice Regarding Filing Fee and Deadlines; Case Management Statement in Division One
(a) Assignment of Appellate Case Number. The appellate clerk must assign the appeal an appellate case number no later than 10 days after the receipt of those items listed in Rule 11.1(b). The appellate clerk must enter the appeal under the title of the action that the case had in the superior court. If the title does not contain the names of the parties to the appeal, the appellate clerk may modify the title. The appellate clerk must designate the parties as appellants, appellees, cross-appellants, or cross-appellees, as they will appear in the appellate court.
(b) Notice of Appellant's Duties. The appellate clerk must promptly notify the parties to the appeal of the assignment of an appellate case number under Rule 12(a). The appellate clerk's initial notice to the parties directs the appellant to:
(1) Pay an appellate filing fee within 10 days after distribution of the initial notice; and
(2) File the opening brief within 60 days after distribution of the initial notice.
(c) Notice of Appellee's and Cross-Appellant's Duties. Upon receipt of the appellant's filing fee, the appellate clerk must notify the parties of that payment and by a second notice direct the appellee and any cross-appellant to:
(1) Pay the appropriate appellate filing fee within 10 days after distribution of the second notice; and
(2) File an answering brief or a combined answering brief and cross-appeal opening brief within 40 days after service of the opening brief.
(d) Case Management Statement in Division One.
(1) Filing and Service. In Division One, an appellant must complete and file a case management statement with the appellate clerk within 20 days after distribution of the appellate clerk's initial notice under Rule 12(b). A cross-appellant in Division One must file a case management statement within 30 days after the appellate clerk's second notice under Rule 12(c). An appellee in Division One that is not a cross-appellant is not required to file a case management statement, but within 30 days after distribution of the appellate clerk's second notice may file a statement to clarify, correct, or supplement an appellant's case management statement. A party that files a case management statement must serve the statement on all other parties as provided by Rule 4(f) and file a certificate of service as provided by Rule 4(g).
(2) Form. A form for a case management statement is available on the website maintained by Division One of the Court of Appeals, and in the office of the appellate clerk of that division.
(e) Sanctions for a Failure to Pay a Filing Fee.
(1) Obligation to Pay. Parties must pay the appellate filing fee fixed by law to the appellate clerk within the time provided in Rules 12(b) and 12(c), unless the appellate court has extended the time for paying the filing fee, the party is exempt from paying the fee, or a court order has waived the fee.
(2) Sanctions for Nonpayment. If an appellant fails to timely pay a required appellate filing fee, the appellate court may dismiss the appeal after providing notice to the parties. Alternatively, the appellate court may treat the appeal as abandoned, subject to reinstatement if a motion for such relief is granted and the required fee is paid. If an appellee fails to timely pay a required appellate filing fee, the appellate court may deem the appeal submitted solely on the record and the appellant's opening brief.
(3) Cross-Appeal. If an appellate court dismisses an appeal under this Rule, or otherwise deems the appeal abandoned, and a cross-appellant fails to timely pay a required appellate filing fee, the appellate court may deem the entire appeal abandoned.

Credits

Amended Sept. 26, 1991, effective Oct. 7, 1991. Adopted in final form Feb. 18, 1992; May 25, 1994, effective Dec. 1, 1994. Amended June 10, 1997, effective Jan. 1, 1998; Sept. 18, 2006, effective Jan. 1, 2007; Sept. 2, 2014, effective Jan. 1, 2015.

Editors' Notes

APPLICATION
<The Jan. 1, 2015 amendment is applicable to all appeals filed on or after Jan. 1, 2015, as well as all other appeals pending on that date, except when application would not be feasible or would work an injustice, so that the former rule will be applied.>
17B A. R. S. Civil Appellate Proc. Rules, Rule 12, AZ ST CIV A P Rule 12
Current with amendments received through 05/1/2020.
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