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Rule 5. Interlocutory Orders and Stays; Ex Parte Orders

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 5
Rule 5. Interlocutory Orders and Stays; Ex Parte Orders
The forms of alternative and peremptory writs shall not be used and are replaced by the orders and judgments prescribed in this Rule. The filing of a complaint in a special action and the setting of the matter for hearing shall not stay any proceedings in the court or tribunal as to which special relief is sought unless a stay is specifically ordered. The court in a special action may grant an interlocutory stay, either ex parte or after notice and hearing, in the same manner and subject to the same limitations as temporary restraining orders and preliminary injunctions are granted under Rule 65 of the Rules of Civil Procedure, and may on appeal grant an injunction under Rule 62(c) of the Rules of Civil Procedure.

Editors' Notes

STATE BAR COMMITTEE NOTE
The existing procedures for the two statutory writs, mandamus and certiorari, provide for a cumbersome system of alternative and peremptory writs, and for stays in connection therewith, A.R.S. § 12-2022 (mandamus); A.R.S. § 12-2003 (certiorari); Arizona Supreme Court Rule 1(c). The practical consequence of such stays is the same as an injunction issued under Rule 65 of the Rules of Civil Procedure, a procedure which is both superior to and far better known to courts and judges than the alternative writ procedure. The procedure of Rule 65 is therefore adapted by this Rule to stays in special action proceedings, and it is intended that the provisions as to notice in relation to applications for ex parte orders and the provisions as to security will apply in the Superior Court.
17B A. R. S. Special Actions, Rules of Proc., Rule 5, AZ ST SPEC ACT Rule 5
Current with amendments received through 08/15/19
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