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Rule 602. General Provisions

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 602
Formerly cited as AZ ST JUV CT Rule 103
Rule 602. General Provisions
Currentness
(a) Priority of Juvenile Appeals. The appellate court must give a juvenile appeal precedence over all the other actions except extraordinary writs or special actions.
(b) Caption on the Notice of Appeal. The caption of the notice of appeal must state the type of proceeding and the initials of the juvenile's name. Examples: “In re Delinquency of A.B.,” “In re Dependency as to C.D and E.F.,” or “In re Termination of Parental Rights as to G.H.”
(c) Suspension of Order.
(1) Generally. The filing of a notice of appeal does not suspend an order of the juvenile court, and execution of the order is not stayed while the appeal is pending, unless the appellate court suspends the order or stays the execution.
(2) Request for Stay. A party may file a motion in the appellate court requesting a stay of the order after a notice of appeal has been filed. The filing party must state in that motion whether other parties stipulate or object to staying the order while the appeal is pending.
(3) Factors. In deciding whether to stay a juvenile court order, the appellate court may consider the best interests of the child, the likelihood that the order will be reversed, and any other relevant legal or equitable matters. If the juvenile court order requires restitution, its clerk will hold monies paid for restitution until the appellate court issues its mandate.
(d) Suspension of Rules. On its own or on a party's motion, the appellate court for good cause may suspend, supplement, or vary the requirements of any provision of Rules 601 through 610, and may substitute another appropriate order of proceeding. However, the time specified in Rule 603(a) for the filing of a notice of appeal or notice of cross-appeal may not be shortened or extended, except as provided in that rule.
(e) Appointment of Counsel.
(1) Requirement. When required by law, the juvenile court or the appellate court must appoint an attorney for a party to an appeal from a final juvenile court order.
(2) Party with Appointed Counsel in the Juvenile Court. The juvenile court or the appellate court may order the attorney who had been appointed in the juvenile court proceedings to continue representing that party on appeal, unless the juvenile court or appellate court finds that the party is currently able to employ counsel. Either court may also appoint a different attorney for a party to an appeal.
(3) Party Without Appointed Counsel in the Juvenile Court. A party who did not have appointed counsel in the juvenile court may request appointed counsel on appeal by filing a request in the juvenile court no later than 10 days after the notice of appeal is filed. If the juvenile court denies the party's request for appointed counsel, the party may request the appellate court to appoint counsel.
(f) Bond. A bond is not required on appeal from a juvenile court order.
(g) Continuing Juvenile Court Jurisdiction. While an appeal is pending, the juvenile court may proceed on a remaining or new issue to the extent:
(1) the appellate court has specifically authorized or directed the juvenile court to rule on the issue;
(2) the juvenile court's ruling on the issue would be in furtherance of the appeal;
(3) a statute or court rule confers continuing jurisdiction on the juvenile court; or
(4) the juvenile court's ruling on the issue would not legally or practically prevent the appellate court from granting the relief requested on appeal.
This rule does not authorize the juvenile court to extend the time for filing briefs, motions, transcripts, or other documents or items with the appellate court.
(h) Service of Filings Under These Rules. A party who files documents with the superior court clerk or an appellate clerk pursuant to Rules 601 through 610 must serve copies of the documents on the other parties as provided by Rule 106.
(i) Arizona Rules of Civil Appellate Procedure (ARCAP). In addition to any ARCAP rule specifically incorporated by these rules, the following apply:
(1) Rule 2 (Definitions);
(2) Rule 3(b) (Suspension of an Appeal);
(3) Rule 4 (Filing Documents with an Appellate Court; Format; Service), except that the caption for all filings in the appellate court must be as provided in Rule 602(b), not as provided in ARCAP 4(a) and the related ARCAP forms;
(4) Rule 4.1 (Paper Filing);
(5) Rule 4.2 (Electronic Filing);
(6) Rule 5 (Computing and Modifying Deadlines), except as provided in Rule 603(a)(5), which permits the juvenile court to excuse the untimely filing of a notice of appeal or cross-appeal;
(7) Rule 6 (Motions);
(8) Rule 8(g) (Joint or Consolidated Appeals or Cross-Appeals);
(9) Rule 9(c) (Filing of Notice of Appeal Before Entry of Judgment);
(10) Rule 11(d), (e), and (h) (Narrative Statement, Agreed-Upon Statement, Multiple Appeals from the Same Judgment);
(11) Rule 17 (Supplemental Citation of Legal Authority);
(12) Rule 18 (Oral Argument in the Court of Appeals);
(13) Rule 20 (Notice of Decisions and Orders);
(14) Rule 24 (Appellate Court Mandates), except that the appellate court may issue its mandate immediately if the appeal is dismissed upon the filing of a notice by counsel under Rule 607(e) or Rule 610, and the party has not filed a brief on the party's own behalf;
(15) Rule 25 (Sanctions) except that incorporation of ARCAP 25 must not be construed to permit the imposition of sanctions against an appellant, a cross-appellant, or the attorney for either who files a frivolous appeal from a final order in a delinquency or transfer matter;
(16) Rule 27 (Substitution of Parties); and
(17) Rule 28(a) through (f) (Decisions; Publication of Opinions).

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 602, AZ ST JUV CT Rule 602
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