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Rule 606. Assigning an Appellate Case Number; Filing, Serving, and Transmitting the Record on A...

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part VI. Appeals
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 606
Formerly cited as AZ ST JUV CT Rule 105
Rule 606. Assigning an Appellate Case Number; Filing, Serving, and Transmitting the Record on Appeal
Currentness
(a) Assigning an Appellate Case Number and Caption.
(1) Generally. The appellate clerk must assign an appellate case number upon receipt of the notice of appeal from the superior court clerk. The appellate court clerk must establish the official caption of appeal pursuant to the criteria in Rule 602(b).
(2) Motion to Stay. If a party files a timely notice of appeal but the court of appeals has not received the notice before the party files a motion seeking to stay the juvenile court's order pending resolution of the appeal, the appellate court clerk may assign the appeal an appellate case number when the party files that motion. The moving party must attach to the motion a copy of the timely filed notice of appeal.
(b) Notification of Assignment of the Appellate Case Number. The appellate court clerk must provide notice of the assigned appellate case number and the official caption to:
(1) all parties;
(2) the superior court clerk; and
(3) the certified reporter or authorized transcriber for all presumptive transcripts as provided in Rule 604(a) and for any proceeding or part thereof designated pursuant to Rule 604(b) or (c).
(c) Filing and Transmitting Documents. No later than 20 days after the notice of appeal is filed, the superior court clerk must do the following:
(1) prepare a certified copy of the following by individually numbering each document in filing-date order, beginning with the first-filed document:
(A) the documents that are part of the presumptive record, identified in Rule 604(a)(1), except documents excluded from the presumptive record under Rule 604(b)(2);
(B) any documents added to the presumptive record under Rule 604(b) or (c);
(2) identify and assemble all exhibits identified in Rule 604(a)(1)(B) and admitted into evidence except:
(A) any exhibit an appellant has excluded under Rule 604(b), unless another party has re-designated the exhibit under Rule 604(c);
(B) any item of a size, bulk, or condition that makes transmission impractical, in which case the provisions of ARCAP 11.1(c)(2) apply;
(3) prepare an index of the record on appeal separately listing:
(A) the documents prepared pursuant to subpart (c)(1), in numerical order, indicating for each the title or a brief description of the document and its filing date;
(B) the exhibits identified and assembled pursuant to subpart (c)(2), by number, with a brief description of each and the date it was admitted into evidence;
(C) any exhibits offered and not admitted but designated under Rule 604(b) or (c), specifying any identification number and including a brief description of each and the date it was offered but not admitted into evidence;
(4) transmit electronically, if feasible, the documents, exhibits, and index to the appellate court clerk; and
(5) serve copies of the index on all parties to the appeal.
(d) Filing and Serving Certified Transcripts; Sanctions.
(1) General Requirements. Unless otherwise ordered by the appellate court, the certified reporter or authorized transcriber must file the completed certified transcript with the appellate court clerk and must serve one copy on each appellant and each appellee who has not filed a Notice of Non-Participation under Rule 605. The certified reporter or authorized transcriber must file a notice of service with the transcript, stating when, upon whom, and by what means service was made. The transcript must show the assigned appellate court case number.
(2) Time for Filing. The certified reporter or authorized transcriber must file the transcript no later than 30 days after whichever of the following events occurs first:
(A) the filing of a notice of appeal by a government agency;
(B) the filing of a notice of appeal that states that the appealing party was represented by appointed counsel in the juvenile court when the final order was entered;
(C) service of notice on the certified reporter or authorized transcriber that the juvenile court or the appellate court has appointed counsel to represent the appellant on the appeal; or
(D) the appellant or cross-appellant has made satisfactory arrangements with the certified reporter or authorized transcriber to pay for the certified transcript.
(3) Sanctions. If the certified transcript is not timely filed with the appellate court clerk, a noncomplying certified reporter or authorized transcriber may be subject to orders or sanctions by the appellate court.
(e) Supplementing the Record by Appellate Court. On a party's motion filed under Rule 604(d) or on its own initiative, the appellate court may direct the transmission of any document, exhibit, or other item necessary for proper consideration of the appeal that was not transmitted under sections (c) and (d) of this rule.
(f) Notice of Completion of the Record. Upon receipt of all documents, exhibits, and transcripts that are included in the presumptive record, or added to the record by supplemental designation, or by the appellate court's order under section (e), the appellate court clerk must send a notice to all parties of the date on which the record on appeal is complete.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 606, AZ ST JUV CT Rule 606
State Court Rules are current with amendments received through August 15, 2024. The Code of Judicial Administration is current with amendments received through August 1, 2024.
End of Document