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Rule 609. Petition for Review

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 609
Formerly cited as AZ ST JUV CT Rule 107
Rule 609. Petition for Review
Currentness
(a) Purpose. A petition for review or cross-petition for review asks the Supreme Court to review a decision of the Court of Appeals.
(b) Notice of Intent to File Petition for Review. No later than 15 days after the Court of Appeals files its decision or final order disposing of the appeal, a party who intends to file a petition for review must file with the Court of Appeals a notice of that intent.
(c) Petition or Cross-Petition for Review.
(1) Place for Filing. A party must file a petition or cross-petition for review, a response to a petition or cross-petition for review, or a motion to extend the time for filing any of these documents, with the Supreme Court clerk.
(2) Timing.
(A) Petition for Review. A party must file a petition for review no later than 30 days after Court of Appeals files its decision or any final order disposing of the appeal.
(B) Cross-Petition for Review. A party must file a cross-petition for review no later than 15 days after service of a petition for review or no later than 30 days after the Court of Appeals files its decision or final order, whichever is later.
(d) Form and Length of the Petition or Cross-Petition.
(1) Application of ARCAP 4. The petition and cross-petition must comply with the provisions of ARCAP 4(a) through (c), (f), and (g), unless the Supreme Court suspends a requirement of that rule.
(2) Caption. The parties must use the caption required by Rule 602(b).
(3) Word Limit for Electronic Filing. An electronically filed petition for review, response, or cross-petition must not exceed 3,500 words. However, a cross-petition combined with a response to a petition must not exceed 6,500 words.
(4) Word Limit for Paper Filing; Number of Copies. A petition, response, or cross-petition filed on paper must not exceed 12 pages. A party who files on paper must file an original and one copy of the document, including any appendix.
(5) Exclusion from Word or Page Limit. 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.
(6) References to Case Law. References to case law must comply with ARCAP 13(f).
(7) Certificate of Compliance. The petition or cross-petition for review must be accompanied by a certificate of compliance, as provided by ARCAP 23(g)(3).
(e) Contents of the Petition or Cross-Petition for Review. The party who files a petition for review must include with the filing a copy of the Court of Appeals decision or final order, and the following information:
(1) Statement of the Issues. A petition or cross-petition must include, without argument, a list of the issues decided by the Court of Appeals that the petitioner or cross-petitioner wishes to present to the Supreme Court for review. The petition or cross-petition for review must also list separately and without argument any additional issues that were presented to but not decided by the Court of Appeals, which the Supreme Court may need to decide if review is granted.
(2) Material Facts. A petition or cross-petition must include the facts material to the issues presented to the Supreme Court for review. No evidentiary matter may be included if it is not material to proper consideration of these issues. The party must include a reference to the record or page of the certified transcript where the material evidence appears.
(3) Reasons the Supreme Court Should Grant Review. A petition or cross-petition must state the reasons the Supreme Court should grant review, which may include the following: no Arizona decision controls the point of law in question; a decision of the Supreme Court should be overruled or qualified; conflicting decisions have been rendered by the Court of Appeals; or important issues of law have been incorrectly decided.
(4) Appendix.
(A) Necessity. If there are documents in the record on appeal that are necessary for determination of the issues raised by the petition or cross-petition, and hyperlinking to the record is unavailable, the petitioner and cross-petitioner must file with the petition or cross-petition an appendix that contains only those documents.
(B) Form. An appendix must comply with the requirements of ARCAP 13.1.
(5) Rejection of Petition or Cross-Petition. The Supreme Court Clerk may return any petition or cross-petition for review presented for filing that does not substantially comply with this rule. The Supreme Court clerk must include with the returned petition written instructions to the petitioner or cross-petitioner to file a proper petition or cross-petition no later than the date specified in the clerk's instructions.
(f) Availability of Briefs. When the Court of Appeals clerk is notified that a petition for review has been filed, the clerk must make available to the Supreme Court clerk the briefs filed in the Court of Appeals.
(g) Responses to the Petition or Cross-Petition.
(1) Timing. Any party opposing the petition or cross-petition for review may file a response with the Supreme Court no later than 20 days after the date the petition or cross-petition for review was served. However, the Supreme Court will not consider a failure to file a response as an admission that the petition or cross-petition for review should be granted.
(2) Contents. If a response is filed, it must list, separately and without argument, any additional issues not listed by the petitioner or cross-petitioner that were presented to but not decided by the Court of Appeals and may need to be decided if review is granted. If the record on appeal contains documents that are necessary for a determination of the issues raised by the petition or cross-petition for review, and hyperlinking to the record is unavailable, a party must file with the response an appendix that complies with the requirements set forth in subpart (d)(4). An appendix to a response may contain only those documents not included in the appendix to the petition or cross-petition for review.
(3) Reply. If a response is filed, neither the petitioner nor cross-petitioner may file a reply unless the Supreme Court orders otherwise.
(h) Service of the Petition, Cross-Petition, and Response. The petitioner or cross-petitioner must serve a copy of the petition, cross-petition, response, and any appendices, on all parties who appeared in the Court of Appeals and on any person who filed a notice of non-participation under Rule 605.
(i) Order Granting Review. If the Supreme Court grants review, it must promptly notify the parties and the Court of Appeals clerk and specify the issue or issues to be reviewed. The Supreme Court may require the parties to file additional briefs, order oral argument, or do both. If the order granting review does not provide for supplementation of briefs or for oral argument, either party, no later than 15 days after the Supreme Court clerk sends notice of the court's order, may request the court to do so by filing a motion that specifies the reasons.
(j) Availability of the Record. Upon notification by the Supreme Court clerk that a petition or cross-petition for review has been granted, the Court of Appeals clerk must make the remaining record available to the Supreme Court clerk and the Supreme Court's staff attorneys.
(k) Order Denying Review. If the Supreme Court denies review, its order must specify those justices, if any, who voted to grant review. The Supreme Court must notify the Court of Appeals and the parties when all petitions and cross-petitions for review have been decided and must return any original paper copies of the briefs to the Court of Appeals clerk. Unless the Supreme Court permits otherwise, a party may not file a motion for reconsideration of an order denying a petition or cross-petition for review.
(l) Dispositions. If the Supreme Court grants review, it may decide the appeal in any manner specified in ARCAP 28(a). The Supreme Court may also do the following:
(1) after a petition for review has been filed, if the parties to the appeal resolve the issues by agreement, the Supreme Court may vacate the decision of the Court of Appeals or designate a Court of Appeals opinion as a memorandum decision;
(2) when the Supreme Court grants review, it may remand the appeal to the Court of Appeals for reconsideration in light of authority identified in the Supreme Court's order; or
(3) if the issues were raised in, but not decided by, the Court of Appeals and the Supreme Court grants review, the Supreme Court may consider and decide those issues, may remand the appeal to the Court of Appeals to decide those issues, or may otherwise dispose of those issues as it deems appropriate.
(m) Motions to Extend Time. The Supreme Court may grant or deny motions to extend the time to file a petition for review. Such motions must be filed with the Supreme Court Clerk.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 609, AZ ST JUV CT Rule 609
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.
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