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Rule 8. Appeals

Arizona Revised Statutes AnnotatedRules of Procedure for Special ActionsEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of Procedure for Special Actions
Special Action Against Body, Officer, or Person (Refs & Annos)
Effective: January 1, 2021
17B A.R.S. Special Actions, Rules of Proc., Rule 8
Rule 8. Appeals
(a) A decision of a Superior Court in a special action shall be reviewed by appeal where there is an equally plain, speedy, and adequate remedy by that means. Procedure for appeal shall be as prescribed by the applicable rules, except that on application of either party, for cause shown at any time after filing of notice of appeal, the court in which the appeal is pending may waive or order an acceleration of any or all appeal procedures. Where there is no equally plain, speedy, and adequate remedy by appeal, a judgment in a special action in a Superior Court may be reviewed by a special action directed against the original defendants.
(b) In a civil matter, grant or denial of special action relief by the Court of Appeals, including a refusal to take jurisdiction in the case, shall be reviewed by the Supreme Court only upon petition for review pursuant to Rule 23, Rules of Civil Appellate Procedure.
(c) If a special action seeks relief in a criminal case, review of the decision of the Court of Appeals by the Supreme Court shall be by way of a petition for review pursuant to Rule 31.21, Arizona Rules of Criminal Procedure. No court fees may be assessed for filing such a petition.
(d) A party seeking a stay or expedited processing of the petition for review may file a motion in the Supreme Court.
(e) Any petition for review filed in accordance with rule 8(b) or (c) should be captioned as follows: “Petition for Review of a Special Action Decision of the Court of Appeals.”

Credits

Amended April 28, 1983, effective Sept. 1, 1983; Jan. 6, 2000, effective June 1, 2000; Oct. 16, 2003, effective Dec. 1, 2003; Sept. 2, 2010, effective Jan. 1, 2011; Sept. 2, 2014, effective Jan. 1, 2015. Amended on an expedited basis effective Aug. 27, 2015, adopted on a permanent basis Dec. 16, 2015. Amended effective Aug. 29, 2018.
17B A. R. S. Special Actions, Rules of Proc., Rule 8, AZ ST SPEC ACT Rule 8
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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