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Rule 8. Appeals

Arizona Revised Statutes AnnotatedRules of Procedure for Special Actions

Arizona Revised Statutes Annotated
Rules of Procedure for Special Actions
Special Action Against Body, Officer, or Person (Refs & Annos)
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.

Editors' Notes

COMMENT
Note that a party may not file a motion for reconsideration of an order declining to accept jurisdiction of a petition for special action. Rule 22(d), Arizona Rules of Civil Appellate Procedure.
STATE BAR COMMITTEE NOTE
(a) This section deals with the review of a Superior Court judgment in a special action when an aggrieved party seeks review of that judgment in a higher court. Where there is a plain, speedy, and adequate remedy by appeal, this device should be used. This is the preferred remedy for review because this method brings the full record of the Superior Court to the higher court, and to encourage the use of this method of review with all necessary speed, the Rule expressly gives the higher court the power to waive or accelerate any or all of the appellate procedures. Nonetheless, there will be situations in which, because of cumbersomeness of the record or extreme emergency, procedure by appeal from a decision of a Superior Court in a special action would itself be so slow or inadequate as to frustrate the rights sought to be preserved. In such circumstances, it is expressly provided that a judgment in a special action in a Superior Court may be reviewed by a special action in a higher court, directed to the original parties rather than to the court below. The application will normally be made to the Court of Appeals, but in exceptional instances may be made directly to the Supreme Court.
(b) Remedies after denial of a writ by a Court of Appeals are, as prescribed by this Rule, in the alternative; they may be either a petition for review or a new application in the Supreme Court in appropriate cases. For discussion, see Gamet v. Glenn, No. 9588 and No. 9595, June 16, 1969, Arizona Supreme Court.
COURT COMMENT [2000 AMENDMENT]
Where exceptional circumstances which would warrant filing a new petition for special action in the Supreme Court pursuant to Rule 8(b) do not exist, but time is nevertheless of the essence, a party may, at the time of filing the petition for review, also file a motion to expedite the petition for review.
17B A. R. S. Special Actions, Rules of Proc., Rule 8, AZ ST SPEC ACT Rule 8
Current with amendments received through 08/15/19
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