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Rule 604. The Record on 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 604
Rule 604. The Record on Appeal
Currentness
(a) Presumptive Record on Appeal. The presumptive record on appeal consists of documents filed and exhibits admitted in the juvenile court, and transcripts of reported or recorded proceedings as follows:
(1) Documents and Exhibits. The presumptive record on appeal:
(A) includes all documents filed with the clerk before the record is transmitted, and in a delinquency case, the disposition file under Rule 215(a)(1)(D). No other filings may be transmitted without an order from the appellate court;
(B) includes all exhibits admitted into evidence; and
(C) must not include any document or exhibit deleted pursuant to Rule 606(c)(2)(B) or any item of a size, bulk, or condition that makes transmission impractical, in which case the provisions of ARCAP 11.1(c)(2) apply.
(2) Transcripts. The presumptive record in each of the following types of appeals includes the transcripts respectively specified below:
(A) From a Delinquency or Incorrigibility Adjudication: transcripts of the adjudication and disposition hearings and any separate restitution hearing.
(B) From a Probation Violation Proceeding: transcripts of the contested violation hearing or the admission hearing and the disposition hearing.
(C) From an order transferring a juvenile for prosecution as an adult: transcripts of the probable cause and public safety phases of the transfer hearing.
(D) From an Order Adjudicating a Child Dependent or Dismissing a Dependency Petition: transcripts of the hearing or hearings that generated the order. If the notice of appeal or cross-appeal states the appeal is also taken from the disposition order, the transcript also includes the disposition hearing.
(E) From an Order Granting or Denying a Motion to Intervene: transcripts of the hearing on the motion.
(F) From an Order Relieving DCS of its Obligation to Provide Reunification Services, Removing a Child Who has been Adjudicated Dependent from a Parent's Physical Custody, or Terminating Visitation: transcripts of the hearing or hearings that resulted in that order.
(G) From an Order Establishing or Denying a Title 8 Guardianship or an Order Granting or Denying a Motion or Petition to Terminate Parental Rights: transcripts of the contested guardianship, termination, or other hearing that generated the order being appealed.
(H) From an Order Denying an Adoption Certification Under A.R.S. § 8-105 and Rule 408: the transcript of the hearing under Rule 408(d).
(I) From an Order Granting or Denying an Adoption Petition: transcripts of any hearing on the validity of a parent's consent to adoption and the adoption hearing.
(J) From an Order Granting or Denying a Petition for Emancipation: transcripts of any hearings on the petition.
(K) From Any Other Final Order: transcripts of any hearing that resulted in that order.
Notwithstanding the preceding provisions, the certified transcript must not include any proceeding or portion thereof excluded pursuant to section (b).
(b) Appellant's Supplemental Designation.
(1) No later than 5 days after filing a notice of appeal, the appellant may file “appellant's supplemental designation of record” that requests the superior court clerk to include in the record transmitted to the court of appeals the following, which the party reasonably believes may be necessary for proper consideration of issues likely to be raised on appeal:
(A) any exhibit that has been marked and offered but not admitted into evidence, and
(B) all or part of the transcript of any designated proceeding that is not part of the presumptive record under section (a), but that directly or indirectly resulted in the order from which the appeal is taken.
(2) The appellant's supplemental designation of record also may request the superior court clerk to exclude exhibits or transcripts from the presumptive record that the appellant reasonably believes are not necessary for proper consideration of issues likely to be raised on appeal.
(3) The appellant must serve the supplemental designation of record on all parties, on each certified reporter who reported a designated proceeding, and as applicable, on the court's transcript coordinator. The certified transcript on appeal must not include any proceeding or portion of any proceeding excluded from the presumptive record under this subpart.
(c) Appellee's Supplemental Designation. No later than 12 days after the filing of the notice of appeal, any appellee may file with the superior court clerk “appellee's supplemental designation of record” for any items not included in section (a) or excluded by appellant under section (b)(2) that the appellee reasonably believes may be necessary for proper consideration of issues likely to be raised on appeal. The appellee must serve the supplemental designation as provided in section (b).
(d) Supplementing the Record by Motion. After the time for filing a supplemental designation under section (b) or (c) has passed, a party may request to supplement the record only by motion filed in the appellate court.
(1) No Later Than 7 days After Completion of the Record. No later than 7 days after the appellate clerk sends a notice under Rule 606(f) that the record on appeal is complete, a party may file a motion that requests adding to the record on appeal items the party reasonably believes are necessary for proper consideration of issues the party intends to raise on appeal. The motion must:
(A) show good cause for supplementing the record, and
(B) state whether other parties consent or object to the proposed supplementation of the record or explain why the moving party was unable to contact the other parties before filing the motion.
(2) More Than 7 days After Completion of the Record. If a party files a motion under this section more than 7 days after the appellate clerk has issued a notice of completion of the record under Rule 606(f), the party must show that the requested records are necessary for the proper consideration of issues the party intends to raise on appeal. The appellate court may not grant a party's motion to supplement the record under this subpart unless the court finds extraordinary circumstances exist to excuse the party's failure to file the motion within the time specified in subpart (d)(1), and the party has established the supplemental materials are necessary for the proper consideration of the issues the party intends to raise on appeal.
(e) Disputes, Omissions, and Misstatements. The parties must submit to the juvenile court any dispute about whether the record accurately includes what occurred in the juvenile court to that court, and that court will resolve the dispute. If anything material is omitted from or misstated in the record, the parties may add to or correct the record by a court-approved stipulation. Alternatively, the juvenile court, before the record is transmitted to the appellate court, or the appellate court, on motion by a party or on its own, may direct that the omission or misstatement be corrected and, if necessary, that a supplemental record be certified and transmitted. All other questions concerning the form and content of the record must be presented to the appellate court.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 604, AZ ST JUV CT Rule 604
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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