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Rule 18. Oral Argument in the Court of Appeals

Arizona Revised Statutes AnnotatedRules of Civil Appellate ProcedureEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part IV: Appellate Court Procedures and Decisions
Effective: January 1, 2021
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 18
Rule 18. Oral Argument in the Court of Appeals
(a) Request for Oral Argument. The Court of Appeals may schedule a case for oral argument if a party files a separate request for oral argument no later than 10 days after the due date for the final reply brief, or no later than 10 days after the date the appellant or cross-appellant actually files the final reply brief, whichever is earlier. A party that believes the Court of Appeals should allow extended oral argument must state the reasons as part of the request. If the Court of Appeals grants a request for oral argument, or if the Court of Appeals orders oral argument on its own initiative, the Court of Appeals clerk must notify the parties of the time and place for oral argument, and the allocation of time for each side. The Court of Appeals clerk must provide the notice at least 20 days before the date set for oral argument.
(b) Factors. Notwithstanding a party's request under Rule 18(a), the Court of Appeals may decide an appeal without oral argument if it determines that:
(1) The appeal is frivolous;
(2) The Court of Appeals has recently decided another case that is dispositive of the issues presented; or
(3) The briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court in deciding the appeal.
When a party has made a request under Rule 18(a), the Court of Appeals clerk must give the parties prompt written notice that the Court of Appeals has determined the appeal will be submitted without oral argument.

Credits

Amended March 31, 1992, effective June 1, 1992; June 10, 1997, effective Jan. 1998; Sept. 20, 2006, effective Jan. 1, 2007; Sept. 2, 2014, effective Jan. 1, 2015; Aug. 26, 2020, effective Jan. 1, 2021.
17B A. R. S. Civil Appellate Proc. Rules, Rule 18, AZ ST CIV A P Rule 18
State Court Rules are current with amendments received and effective through 4/1/22. The Code of Judicial Administration is current with amendments received through 4/1/22.
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