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Rule 11.1. Transmitting the Record to the Appellate Court

Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part II: Appeal from a Judgment
Effective: January 1, 2022
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 11.1
Rule 11.1. Transmitting the Record to the Appellate Court
(a) Index. After a party files a notice of appeal, the superior court clerk must prepare a numerical index of the documents in the superior court's file (the “index”). The superior court clerk must transmit the index to the appellate court as provided in Rule 11.1(b), and after the appellate court accepts the transmission, the superior court clerk must promptly distribute a copy of the index to every party to the superior court judgment.
(b) Transmission of Documents by the Superior Court Clerk. Within 30 days after the filing of a notice of appeal, the superior court clerk must electronically transmit to the appellate clerk:
(1) All documents (including minute entries, exhibit lists, transcripts, and other items) that were filed in the superior court before and including the effective date of the filing of a notice of appeal, a notice of cross-appeal, or an amended notice of appeal, as well as the index and all notices, cross-notices, and amended notices of appeal; and
(2) Any other documents requested by the appellate clerk.
If the superior court clerk is unable to transmit all or any documents within the time set forth in this Rule, the superior court clerk must notify the appellate clerk and the parties to the appeal, and indicate when it anticipates transmitting those documents. The appellate court may order the superior court clerk to transmit all or some of the documents at an earlier time. The superior court clerk must also provide the appellate clerk and the parties with a list of any documents that are not transmitted to the appellate court. At any time during the appeal, the appellate court may direct the superior court clerk by an order or a written request to transmit documents that were not included in previous transmissions. The appellate court at any time also may order or request the superior court clerk to physically transmit all or some of the documents to the appellate clerk.
(c) Transmission of Exhibits by the Superior Court Clerk.
(1) Generally. Within 30 days after the filing of a notice of appeal, the superior court clerk also must transmit to the appellate clerk every exhibit in paper, electronic, or photographic form, unless relieved by the appellate court of an obligation to do so.
(2) Exceptions. The superior court clerk must notify the appellate clerk and the parties to the appeal of any exhibit in the superior court's record of a size, bulk, or condition that makes its transmission impractical. If any exhibit is necessary to determine issues raised on appeal, the appellate court on motion, or on its own, may order or request the superior court clerk to transmit the exhibit to the appellate clerk. Alternatively, the parties may stipulate to the method of transmitting an exhibit to the appellate court.
(d) Delivery and Filing of Transcripts.
(1) Delivery and Filing. If the ordering party has made payment, within 30 days after the date of a party's order the certified reporter or authorized transcriber must provide the ordering party with a certified electronic transcript, or with a certified paper transcript if one was requested by the ordering party. Within 5 days after receipt of a certified transcript, the ordering party must file it with the appellate clerk.
(2) Extension of Time. If the certified reporter or authorized transcriber cannot complete a transcript within 30 days after a party's order, the ordering party may request the appellate clerk to grant additional time for the certified reporter or authorized transcriber to provide it. Under Rule 15(e)(1), the unavailability of a transcript may be a basis for an extension of time to file a brief.
(3) Service on Other Parties. Within 5 days after receipt of a certified transcript from the certified reporter or authorized transcriber, the ordering party must serve a copy of the transcript on all other parties. An ordering party that receives an electronic transcript must serve the transcript in either electronic or paper format, as requested by the other parties.
(4) Additional Transcripts. A party may file a motion with the appellate court at any time before the appeal is at issue under Rule 15(b) to include additional transcripts of superior court proceedings in the record on appeal.

Credits

Added Sept. 2, 2014, effective Jan. 1, 2015. Amended Aug. 26, 2020, effective Jan. 1, 2021; amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Civil Appellate Proc. Rules, Rule 11.1, AZ ST CIV A P Rule 11.1
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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