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Rule 603. Notice of Appeal

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 603
Formerly cited as AZ ST JUV CT Rule 104;  AZ ST JUV CT Rule 108
Rule 603. Notice of Appeal
Currentness
(a) Time for Filing a Notice of Appeal and Notice of Cross-Appeal.
(1) Notice of Appeal.
(A) Except as otherwise provided by this rule, a party must file a notice of appeal in the juvenile court no later than 15 days after entry of the final order from which the appeal is taken.
(B) An order is entered on the date the clerk files it, as shown by the clerk's date stamp on the filed order.
(2) Notice of Cross-Appeal. Except as otherwise provided by this rule, a party must file a notice of cross-appeal in the juvenile court no later than 10 days after the appellant filed a notice of appeal or 15 days after entry of the final order from which the appeal is taken, whichever is later.
(3) Effect of Certain Motions on the Time for Filing a Notice of Appeal. If, a party, no later than 12 days after entry of a final order, files a motion under Rule 317 to alter or amend the final order, or a motion under Rule 318(c), Rule 407(f), or Rule 417 to set aside the final order, the time to file a notice of appeal or cross-appeal under section (a) may only be extended as follows:
(A) No Previous Notice of Appeal. If a party has not previously filed a notice of appeal, the time for filing a notice of appeal begins to run on the date of entry of:
(i) the altered or amended order, regardless of whether that order was entered on a party's motion or the court's initiative;
(ii) an order denying a party's motion to alter or amend; or
(iii) an order granting or denying a party's motion to set aside.
(B) Previous Notice of Appeal. If a party has filed a notice of appeal before filing one of these motions within the 12-day period, or files a notice of appeal while the motion is pending, then after the appellate court assigns a case number under Rule 606(a), the appellant must promptly file a notice of the pending motion with the appellate court. Upon receipt of that notice, the appellate court will suspend the appeal. The appellant must promptly notify the appellate court when the juvenile court has decided the motion. The appellate court will then reinstate the appeal as of the entry of the order disposing of the last motion. A party intending to appeal the juvenile court's ruling on such a motion must file a new or amended notice of appeal or cross-appeal within the time prescribed in subpart (a)(1) or (a)(2) as measured from the entry of the order disposing of the motion.
(C) Altering or Amending a Judgment on the Court's Initiative. If a party has filed a notice of appeal before the court enters an altered or amended final order on its own under Rule 317, the party is not required to file an amended notice of appeal after the court enters the altered or amended order.
(4) Other Motions Filed After Entry of a Final Order. Other than as provided in subpart (a)(3), the filing of any motion that concerns the order from which the appeal is taken does not extend the time for filing a notice of appeal or cross-appeal. Once a proper notice of appeal is filed, the juvenile court is divested of jurisdiction to address such motions, unless the appellate court suspends the appeal and revests jurisdiction in the juvenile court to rule on the motion. If the appellate court revests jurisdiction to address the motion, an aggrieved party who challenges the juvenile court's ruling on the motion must file a new or amended notice of appeal as provided in subpart (a)(1) or (a)(2).
(5) Delayed Appeal or Cross-Appeal. If a party fails to file a timely notice of appeal or cross-appeal and the juvenile court finds good cause for the failure, the juvenile court must allow the appeal or cross-appeal to proceed.
(A) To obtain relief under this rule, a party must file a motion in the juvenile court that shows good cause for the failure. Good cause may include but is not limited to clerical errors of counsel that are not attributable to the client.
(B) If the juvenile court enters an order granting the motion, the party must file the delayed notice of appeal or cross-appeal no later than 7 days after entry of the order permitting it.
(C) If a party files an untimely notice of appeal or cross-appeal before the juvenile court enters an order permitting a delayed appeal or cross-appeal, and the appeal remains pending when the court enters its order granting relief under this rule, the appellate court must treat the untimely notice as if it had been timely filed.
(b) Content of the Notice of Appeal or Cross-Appeal. The notice of appeal or notice of cross-appeal must be substantially the same as Form 5(a) or (b) and must include the following:
(1) the party filing the notice;
(2) the final order or portion of the order the party is appealing; and
(3) whether the party was represented by appointed or private counsel when the final order was entered, unless the party filing the notice is a government agency.
(c) Attorney's Avowal. If the notice of appeal or cross-appeal is filed by an attorney, it must be substantially the same as Form 5, and must include the following statement: “By signing and filing this notice of appeal, undersigned counsel avows that counsel communicated with the client after entry of the order being appealed, discussed the merits of the appeal, and obtained authorization from the client to file this notice of appeal or cross-appeal.”
(1) If the attorney for a party files a notice of appeal or cross-appeal that does not contain the required statement, the superior court clerk must refer the notice of appeal or cross-appeal to the juvenile court judge assigned to the case. After reviewing the notice of appeal or cross-appeal, the assigned judge must issue an order informing the attorney and the appellant or cross-appellant that the notice does not comply with this rule and permit counsel to file an amended notice of appeal or cross-appeal no later than 5 days after the order is entered. If a proper notice of appeal or cross-appeal is not filed within that period, the court must strike the notice of appeal or cross-appeal and direct the clerk not to process it under Rules 603, 604, and 606.
(2) If the appellate court receives a notice of appeal or cross-appeal that does not comply with this rule and the juvenile court has taken no action on it, the appellate court must give counsel for the appellant or cross-appellant a reasonable opportunity to file an amended notice and if a compliant notice of appeal or cross-appeal is not filed, the court must dismiss the appeal or cross-appeal.
(d) Distribution of the Notice. Unless otherwise provided, no later than two court days after the filing of a notice of appeal or cross-appeal, the superior court clerk must distribute copies of the notice to:
(1) all parties;
(2) each certified reporter who reported any juvenile court proceeding that is part of the presumptive record as described in Rule 604(a) or the court's designated transcript coordinator, if the record was made by electronic or other means; and
(3) the appellate court clerk. The superior court clerk must include with the copy of the notice served on the appellate court clerk a copy of the order from which the appeal is taken and the names of the persons to whom the clerk distributed a copy of the notice of appeal or cross-appeal.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 603, AZ ST JUV CT Rule 603
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.
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