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Rule 24. Appellate Court Mandate

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

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part IV: Appellate Court Procedures and Decisions
Effective: September 1, 2019
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 24
Rule 24. Appellate Court Mandate
(a) Definition. The mandate is the final order of the appellate court, which may command another appellate court, superior court or agency to take further proceedings or to enter a certain disposition of a case. An appellate court retains jurisdiction of an appeal until it issues the mandate.
(b) Generally. An appellate court will issue the mandate in an appeal as follows:
(1) If no party files a petition for review, the Court of Appeals clerk must issue the mandate when the time for the filing a petition expires.
(2) If a party filed a petition for review, the Court of Appeals clerk must issue the mandate 15 days after the receipt by the clerk of a Supreme Court order denying the petition for review.
(3) When the Supreme Court has entered any disposition that requires the issuance of the mandate, the Supreme Court clerk must issue the mandate 15 days after the entry of the disposition, or, if a party files a motion for reconsideration in the Supreme Court, 15 days after a final disposition of the motion.
(c) Return of the Record. After the appellate court issues the mandate:
(1) The appellate clerk must return to the superior court clerk or other transmitting body any original item provided to the appellate court under Rule 11.1.
(2) The appellate clerk may destroy copies of items as authorized by rule or appellate court administrative order.
(d) Stay of Mandate.
(1) Request for Stay. A party may request an appellate court to stay issuance of the mandate pending application to the United States Supreme Court for a writ of certiorari.
(A) A party may file a motion to stay issuance of the mandate with the Arizona Supreme Court clerk within 15 days after the Court enters an opinion, memorandum decision, or order denying a motion for reconsideration.
(B) A party may file a motion to stay issuance of the mandate with the Court of Appeals clerk within 15 days after the Arizona Supreme Court enters an order denying a petition for review, or in any other situation requiring the Court of Appeals to issue the mandate.
(2) Duration. A stay may not exceed 90 days unless the appellate court extends the time for good cause. If during the period of the stay a party files a notice with the appellate clerk stating that the party has filed a petition for a writ of certiorari, the stay will continue until the appellate clerk receives notice from the United States Supreme Court that it denied the petition or, in a case in which the United States Supreme Court grants the petition, that the United States Supreme Court has issued its mandate.
(e) Mandates from the United States Supreme Court. Upon receipt of the mandate from the United States Supreme Court, an Arizona appellate court must take action consistent with that mandate, including issuing its own mandate to the superior court of the county that entered the original judgment. The Arizona appellate court's mandate must contain a verbatim recital of the United States Supreme Court mandate and command the superior court to take action as provided in the mandate.

Credits

Amended Feb. 5, 1980, effective Feb. 15, 1980; April 28, 1983, effective Sept. 1, 1983; Oct. 29, 1987, effective Jan. 1, 1988; April 19, 1988, effective May 1, 1988; Feb. 24, 1994, effective June 1, 1994; May 25, 1994, effective Dec. 1, 1994; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 24, AZ ST CIV A P Rule 24
The Code of Judicial Administration is current with amendments received through 1/1/21. All other State Court Rules are current with amendments received through 2/1/21.
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