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Rule 607. Briefing in the Court of Appeals; Transfer to the Supreme Court

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 607
Formerly cited as AZ ST JUV CT Rule 106
Rule 607. Briefing in the Court of Appeals; Transfer to the Supreme Court
Currentness
(a) Generally. ARCAP 15 (“Due Dates; Filing and Service of Briefs”) applies in appeals from the juvenile court, except that:
(1) the opening brief must be filed with the Court of Appeals no later than 20 days after the appellate clerk sends the notice of completion of the record required by Rule 606(f), unless the appellate court orders otherwise;
(2) any answering brief must be filed with the Court of Appeals no later than 20 days after service of the opening brief; and
(3) a reply brief or a notice stating that no reply brief will be filed, must be filed no later than 10 days after service of appellee's answering brief.
(b) Length and Content of Briefs. ARCAP 13 (“Content of Briefs”), 13.1 (“Appendix”), and 14 (“Length and Form of Briefs”) apply in appeals from the juvenile court, except:
(1) Word Limit for an Electronically Filed Brief. An electronically filed opening, answering, or amicus curiae brief must not exceed 7,000 words, and a party's reply brief must not exceed 3,500 words.
(2) Page Limit for Paper Filed Brief. If a brief is submitted for filing at the appellate clerk's filing counter, an opening, answering, or amicus curiae brief must not exceed 22 pages, and a reply brief must not exceed 12 pages.
(3) Exclusions from Word or Page Limits. The word and page limits specified in this rule do not include the table of contents, table of citations, certificate of service, certificate of compliance, and any appendix.
(4) Victim Identification. Appellate briefs must use a victim identifier in place of the victim's name in any case in which a delinquent act is alleged. “Victim identifier” means a victim's initials, a pseudonym, or other substitute for the victim's true full name.
(5) Binding a Paper Brief. A party permitted to file a brief in paper under ARCAP 4.1(c) must securely bind the brief (for example, the pages of the brief may be clipped or banded), but the binding must not use adhesives, staples, or two-pronged fasteners that perforate the pages of the brief.
(c) Extensions of Time.
(1) A party seeking an extension of time for filing a brief must file a motion stating the reasons the extension is needed, and whether any party objects, or that the moving party's attempts to communicate with the other parties have been unsuccessful.
(2) The Court of Appeals for good cause may grant a party an initial extension of 20 days for the filing an opening or answering brief and 10 days for the filing of a reply brief.
(3) The Court of Appeals may grant further extensions only for extraordinary circumstances.
(d) Amicus Curiae Brief. ARCAP 16 (“amicus curiae”) applies to appeals from final orders of the juvenile court. Amicus curiae may not file a reply brief.
(e) Notice and Avowal in Lieu of Opening Brief; Pro-Se Brief.
(1) When or before the opening brief is due in an adoption, dependency, Title 8 guardianship, or severance appeal, a court-appointed attorney may file a Notice and Avowal in Lieu of Opening Brief, avowing either or both of the matters in subparts (e)(1)(A) and (e)(1)(B).
(A) The appellant has failed to maintain contact with counsel, and despite diligent efforts, counsel has been unable to locate appellant. Counsel must state the last date on which the appellant and counsel had contact, and the efforts counsel has made to locate the appellant. Counsel must avow that for this or any other reason, which counsel must specify, counsel believes the appellant has abandoned the appeal.
(B) Counsel has reviewed the entire record on appeal and finds no non-frivolous issue to raise. Counsel must include avowals that counsel has informed the appellant that counsel intends to file a notice under this rule, and that the appellant may file a pro se brief.
(2) If the appellant's attorney files a notice under subpart (e)(1)(B), the attorney must provide the appellate court with appellant's contact information and inform the court in its notice whether appellant intends to file a pro se brief.
(3) The Court of Appeals must order appellant to file the pro se brief no later than 15 days after the date of the order. No extensions may be granted absent extraordinary circumstances. Any appellee may file an answering brief and appellant may file a pro se reply brief as respectively provided in subparts (a)(2) and (a)(3).
(4) If the appellant's attorney files a Notice and Avowal in Lieu of Opening Brief and avows that the appellant does not intend to file a pro se brief, or if the appellant fails to timely file a pro se brief, the Court of Appeals may dismiss the appeal. If the court dismisses the appeal under this subsection, it may accelerate the case and immediately issue its mandate.
(f) “At Issue.” An appeal will be deemed “at issue” upon the filing of the reply brief, the filing of a notice that no reply brief will be filed, or the expiration of the time for filing the reply brief, whichever occurs first.
(g) Petition for Transfer. ARCAP 19 applies in appeals from final orders of the juvenile court, except that a party's petition for transfer of the appeal to the Supreme Court must be filed before the case is at issue under section (f).

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 607, AZ ST JUV CT Rule 607
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document