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Rule 31.14. Provisions Applicable Only to Briefs in Capital Cases

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII. Appeal and Other Post-Conviction Relief
Rule 31. Appeals
Section Two. The Record on Appeal; Briefs and Argument
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 31.14
Formerly cited as AZ ST RCRP Rule 31.13
Rule 31.14. Provisions Applicable Only to Briefs in Capital Cases
Currentness
(a) Length of Briefs. Opening briefs and answering briefs in a capital case appeal must not exceed 28,000 words. Reply briefs must not exceed 14,000 words.
(b) Time for Filing. An opening brief in a capital case must be filed no later than 90 days after the court issues a notice that the record is complete. An answering brief must be filed no later than 60 days after the appellant's brief is served. A reply brief must be filed no later than 30 days after the appellee's brief is served.
(c) Request for Extension of Time to File a Brief. In ruling on any request for an extension of a time limit to file a brief, the court must consider the right of the defendant and the rights of the victim to a prompt and final conclusion of the case.
(v) Victims' Rights
(1) Generally. If the victim in a capital case has filed a notice of appearance as provided in A.R.S. ยง 13-4042, a party requesting an extension of time to file a brief must provide notice of the request to the victim.
(2) Who must Receive Notice.
(A) The victim may specify in the notice of appearance whether notification should be provided directly to the victim or to another person, including the prosecutor.
(B) Unless the victim specifies a different method in the notice of appearance, notice must be provided through the prosecutor's office handling the appeal.
(3) Timing.
(A) If the victim has requested direct notification, the party requesting an extension of time must provide notice to the victim no later than 24 hours after filing the request.
(B) If the prosecutor has the duty to notify the victim on behalf of the defendant, the prosecutor must provide notice to the victim no later than 24 hours after receiving the request.
(4) Manner of Providing Notice.
(A) The victim's notice of appearance may specify whether notice must be provided electronically, by telephone, or by regular mail.
(B) Notice must be provided in the manner specified in the victim's notice of appearance. If no method is specified, notice must be provided by regular mail.

Credits

Added by Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 31.14, AZ ST RCRP Rule 31.14
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
End of Document