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Rule 4. Filing Documents with an Appellate Court; Format; Service

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

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part I: General Provisions
Effective: September 1, 2019
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 4
Rule 4. Filing Documents with an Appellate Court; Format; Service
(a) Caption. The first page of every document filed with an appellate court must contain a caption. The caption must contain the information shown in:
(1) Form 4, for briefs.
(2) Form 3, for other documents.
(b) Document Format. Unless an appellate court allows otherwise, every document that a party files with an appellate court, other than a document contained in an appendix or filed as an attachment to a motion, must be prepared as follows:
(1) Generally. The text of every document must be black on a plain white background. Each printed page of a document must be 8 ½ by 11 inches.
(2) Type and Font Size. Every typed document must use an easily readable 14-point font. Appellate courts prefer proportionally spaced serif fonts, such as Times New Roman, Bookman, Garamond, or Book Antiqua, and discourage monospaced or sans serif fonts such as Arial, Helvetica, Courier, or Calibri.
(3) Handwritten Documents. Appellate courts strongly encourage parties to file documents that are typed and prepared on a computer. A handwritten document must be printed and legible and may not include cursive writing or script. Appellate websites identified in Rule 32(a) may contain additional requirements for handwritten documents.
(4) Line Spacing. Text must be double-spaced, but headings, quotations, and footnotes may be single-spaced. A single-spaced quotation must be indented on the left and right sides.
(5) Headings and Emphasis. Headings must be underlined, or be in italics or bold font. Underlining, italics, or bold font also may be used for emphasis.
(6) Case Names. Case names and citation signals must be in italics.
(7) Margins and Page Numbers. All margins must be at least 1 inch and, except for the first page, the bottom margin must include a page number.
(8) Footnotes. Footnotes must be in 14-point font. Footnotes must not appear in the space required for the bottom margin.
(9) Word Limits. A document must average no more than 280 words per page, including footnotes and quotations. Word limits specified in Rules 14(a), 19(d), 22(e), 23(g), and 29(c) do not include the cover page, the caption, the table of contents, the table of citations, paragraph numbers appearing at the beginning of each paragraph (if any), the date and signature block, a certificate of service, a certificate of compliance, or any appendix.
(10) Paper Filings. Documents filed pursuant to Rule 4.1 must be on white, opaque and unglazed paper; and text must appear on only one side of each piece of paper in the document.
(c) Document Signatures. The party filing a document must sign it, but if a party is represented by an attorney, the attorney must sign the document on behalf of that party. Rule 4.2(f) contains requirements for electronic signatures.
(d) Filing with an Appellate Clerk. A party must file documents with the clerk of the appropriate appellate court. An appellate clerk will refuse to file a document if a required fee is not paid, or if the document fails to meet the requirements of an appellate court's electronic filing system because the party provided incomplete or inaccurate information, or erred in completing the steps necessary to file a document. The appellate clerk otherwise may not refuse to accept a document because it does not comply with these Rules or because it includes impertinent matter, but in such circumstances an appellate court may enter an appropriate order, such as an order striking the document, requiring corrective action, or imposing a sanction. If a party timely submits a document for filing in an incorrect appellate court or appellate division, the appellate clerk must deliver that document to the appropriate appellate court or appellate division, and the recipient appellate court will consider the filing timely.
(e) Methods of Filing. A party must file documents electronically as provided by Rule 4.2, unless Rule 4.1 permits that party to file in paper.
(f) Service of All Documents Required; Manner of Service. Every party filing a document with an appellate court must serve a copy of the document on all other parties to the appeal, and on any amicus curiae. A party may serve documents by any means authorized by Rule 5(c) of the Arizona Rules of Civil Procedure. If a party electronically files a document, including a brief, that includes bookmarks or hyperlinks as provided by Rules 4.2(d) and 4.2(e), the party must serve on all other parties an electronic copy of the document that contains the same functioning bookmarks and hyperlinks.
(g) Certificate of Service. Every document filed with an appellate clerk must be accompanied by a certificate of service that identifies the names of each person served with the document, and the date and manner of service. The party, attorney for the party, or an agent of the party that served the document must sign the certificate of service, and may use an electronic signature as provided by Rule 4.2(f)(1). The filing party may file the certificate as a separate document, or, if filed in paper or if allowed by the electronic filing system, the certificate may appear at the end of a document, or as an attachment. An appellate clerk must permit a party to file a document without a certificate of service, but the party must file the certificate within the following 5 days.
(h) Service on Attorney or Guardian Ad Litem. Attorneys and guardians ad litem in the superior court will be deemed attorneys and guardians ad litem of the same parties in the appellate court until there has been a substitution or court-authorized withdrawal. These attorneys and guardians ad litem must be served with all notices, briefs, and documents required by these Rules until there is a substitution or court-authorized withdrawal, and until all other parties are properly notified of the substitution or authorized withdrawal.
(i) Distribution of Court Documents by the Court Clerk. An appellate clerk must distribute to all parties to the appeal copies of court notices and other documents prepared by the appellate court in connection with an appeal. The superior court clerk must distribute to all parties to the appeal copies of court notices and other documents prepared by the superior court in connection with an appeal. An appellate clerk may distribute these documents electronically under Rule 4.2(h), or by United States postal mail.

Credits

Amended April 6, 1981, effective May 1, 1981; April 28, 1983, effective Sept. 1, 1983; Sept. 25, 1990, effective Jan. 1, 1991; Feb. 18, 1992, effective Sept. 1, 1992; June 10, 1997, effective Jan. 1, 1998; Oct. 6, 1998, effective Dec. 1, 1998. Amended and effective Oct. 12, 2005. Amended Oct. 13, 2005, effective nunc pro tunc Oct. 12, 2005. Amended Jan. 20, 2006, effective June 1, 2006; Aug. 30, 2012, effective Jan. 1, 2013; Sept. 2, 2014, effective Jan. 1, 2015.
17B A. R. S. Civil Appellate Proc. Rules, Rule 4, AZ ST CIV A P Rule 4
Current with amendments received through 08/15/2020.
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