Rule 5. Appeal--How Taken
Arizona Revised Statutes AnnotatedRules of Procedure for Direct Appeals from Decisions of the Governing Bodies of Public Power Entities
17B A.R.S. Public Power Entities Appeals, Rule 5
Rule 5. Appeal--How Taken
(a) Filing the Notice of Appeal; Appropriate Division for Filing. A direct appeal of a decision pursuant to A.R.S. § 30-812 shall be taken by filing a timely notice of direct appeal. The notice of direct appeal shall be filed with the Clerk of the Court of Appeals in the division that includes the county where the public power entity's principal offices are located, pursuant to A.R.S. § 12-120(C). Cases may be transferred between divisions at the discretion of the Chief Judge or the Chief Justice. After the notice of direct appeal has been filed, any party may make subsequent filings or submissions in either division of the Court of Appeals. Such filings or submissions will be effective on the date submitted. The Clerk of the receiving division will transmit the filing or submission to the proper division.
(b) Joint or Consolidated Appeals. If two or more parties are entitled to take a direct appeal of a decision and their interests are such as to make joinder practicable, they may file a joint notice of direct appeal, or may join in direct appeal after filing separate, timely notices of direct appeal, and they may thereafter proceed on direct appeal as a single appellant. Direct appeals may be consolidated by order of the Court of Appeals upon its own motion or upon motion of a party, or by stipulation of the parties to the several direct appeals.
(c) Content of the Notice of Appeal. The notice of direct appeal of a decision shall specify the party or parties taking the appeal and shall designate the decision or part thereof appealed from. The appellant shall certify that the notice of direct appeal was served in accordance with the provisions of sub§ 5(d) of this Rule. The Clerk of the Court of Appeals, at the time the appeal is docketed in compliance with Rule 8(a), shall issue a writ of review directing the Governing Body to certify its records, proceedings and evidence to the Court of Appeals in accordance with Rule 7 of these Rules.
(d) Service of the Notice of Appeal. In direct appeals of decisions, the appellant, upon filing the notice of direct appeal, must also certify to the Clerk of the Court of Appeals that the notice of direct appeal was served on the Governing Body and on all parties to the proceeding before the Governing Body who filed an application for rehearing pursuant to A.R.S. § 30-810(A).
Added May 31, 2000, effective Dec. 1, 2000.
17B A. R. S. Public Power Entities Appeals, Rule 5, AZ ST PUBLIC POWER ENTITIES APPEALS Rule 5
Current with amendments received through 11/1/19
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