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Rule 8. Docketing the Appeal; Filing of the Record

Arizona Revised Statutes AnnotatedRules of Procedure for Direct Appeals from Decisions of the Corporation Commission to the Arizona Court of Appeals

Arizona Revised Statutes Annotated
Rules of Procedure for Direct Appeals from Decisions of the Corporation Commission to the Arizona Court of Appeals (Refs & Annos)
17B A.R.S. Rules Corporation Comm.Appeals, Rule 8
Rule 8. Docketing the Appeal; Filing of the Record
(a) Docketing the Appeal. Unless exempted by law, the appellant shall pay to the clerk of the appellate court the docket fee fixed by law within the time provided. The clerk shall thereupon enter the appeal upon the docket.
(b) Designation of Parties to the Appeal. All direct appeals of Commission decisions filed pursuant to A.R.S. § 40-254.01 shall name the Commission as appellee. A utility company whose rates are the subject of the decision on appeal that files a motion to intervene in the Court of Appeals in support of the Commission decision shall be granted intervention and upon filing a timely motion shall be entitled to participate in oral argument. The Residential Utility Consumer Office may intervene pursuant to A.R.S. § 40-464.A.2. Any other party to the administrative proceedings before the Commission may intervene only upon motion, which the court may grant or deny in its discretion, and may participate in oral argument only by leave of the court. Intervenors shall not seek relief not sought by the party in support of whose position they have intervened. Intervenors who seek to intervene in support of an appellant shall not present any issues not presented by that appellant.
(c) Motions to Intervene. A motion to intervene shall identify the party whose position is supported by the proposed intervenor; state the proposed intervenor's interest in the appeal; state whether the intervenor seeks to file a separate brief, to join in the brief of a party to the appeal or to file a joint brief with another proposed intervenor; and set forth the reasons intervention would assist the court. The proposed intervenor shall serve copies of the motion to intervene on all parties to the appeal. Any party objecting to the motion to intervene may file a response within ten days after service of the motion. The Court of Appeals shall determine, in its discretion, whether intervention shall be granted and, if so, whether the intervenor shall be permitted to file a separate brief. If a party to the appeal wishes to respond to an intervenor's brief, that party shall file a motion stating the reasons a response is necessary and the time needed to file the response.
(d) Dismissal for Failure of Appellant to Docket Appeal. If the appellant in a direct appeal shall fail to pay the docket fee, if a docket fee is required, any appellee may file a motion with the Court of Appeals to dismiss the appeal. The motion shall be supported pursuant to Rule 7(g), with copies of the relevant portions of the record attached. If the direct appeal has not been docketed, the Clerk of the Court of Appeals shall docket the appeal upon the payment of the appellee's fee, unless the appellee is otherwise exempted from making payment. The appellant shall not be permitted to respond to the motion without payment of the docket fee, unless the appellant is otherwise exempt therefrom.

Credits

Added Dec. 12, 1991, effective Dec. 31, 1991.
17B A. R. S. Rules Corporation Comm. Appeals, Rule 8, AZ ST CORP COMM A Rule 8
Current with amendments received through 11/1/19
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