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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 Governing Bodies of Public Power Entities

Arizona Revised Statutes Annotated
Rules of Procedure for Direct Appeals from Decisions of the Governing Bodies of Public Power Entities (Refs & Annos)
17B A.R.S. Public Power Entities 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 decisions filed pursuant to A.R.S. § 30-812 shall name the Governing Body as appellee. Any person or entity 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. The appellant shall pay to the clerk of the appellate court the docket fee at the time the notice of appeal is filed, unless exempted by law or waived or deferred by court order. If the appellant in a direct appeal shall fail to pay a required docket fee, any appellee may file a motion with the Court of Appeals to dismiss the appeal. The motion shall be supported with attached copies of relevant portions of the record as defined in Rule 7(g). The appellant shall not be permitted to respond to the motion without payment of any required docket fee.
(e) Payment of Filing Fee by Appellees. Each appellee shall pay to the clerk of the appellate court a filing fee at the time of filing the appellee's initial filing in the appellate court, unless exempted by law or waived or deferred by court order. The clerk shall not accept any filing from an appellee until any required filing fee is paid.

Credits

Added May 31, 2000, effective Dec. 1, 2000.
17B A. R. S. Public Power Entities Appeals, Rule 8, AZ ST PUBLIC POWER ENTITIES APPEALS Rule 8
Current with amendments received through 05/1/19
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