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Rule 111. Publication of Opinions of the Supreme Court and Court of Appeals; Depublication

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
X. Opinions
A.R.S. Sup.Ct.Rules, Rule 111
Rule 111. Publication of Opinions of the Supreme Court and Court of Appeals; Depublication
(a) Definitions.
1. An opinion is a written disposition of a matter which is intended for publication under (4) below.
2. A memorandum decision is a written disposition of a matter not intended for publication.
3. An order is any disposition of a matter before the court other than by opinion or memorandum decision.
4. Publication is the distribution of opinions for reporting by publishing companies in compliance with the provisions of A.R.S. §§ 12-107, 12-108, and 12-120.07.
(b) When disposition to be by opinion. Dispositions of matters before the court requiring a written decision shall be by written opinion when a majority of the judges acting determine that it:
1. Establishes, alters, modifies or clarifies a rule of law, or
2. Calls attention to a rule of law which appears to have been generally overlooked, or
3. Criticizes existing law, or
4. Involves a legal or factual issue of unique interest or substantial public importance, or
if the disposition of matter is accompanied by a separate concurring or dissenting expression, and the author of such separate expression desires that it be published, then the decision shall be by opinion.
(c) Dispositions as Precedent.
(1) Memorandum decisions of Arizona state courts are not precedential and such a decision may be cited only:
(A) to establish claim preclusion, issue preclusion, or law of the case;
(B) to assist the appellate court in deciding whether to issue a published opinion, grant a motion for reconsideration, or grant a petition for review; or
(C) for persuasive value, but only if it was issued on or after January 1, 2015; no opinion adequately addresses the issue before the court; and the citation is not to a depublished opinion or a depublished portion of an opinion.
(2) A citation must indicate if a decision is a memorandum decision.
(3) A party citing a memorandum decision must provide either a copy of the decision or a hyperlink to the decision where it may be obtained without charge.
(4) A party has no duty to cite a memorandum decision.
(d) Dispositions of Tribunals in Other Jurisdictions. A party may cite a decision of a tribunal in another jurisdiction, as permitted in that jurisdiction. Such a decision may be cited on a point of Arizona law only if it complies with Rule 111(c)(1)(C).
(e) Designation of Written Disposition. The written disposition of the case shall contain in the caption thereof the designation “Opinion,” “Memorandum Decision,” or “Order.”
(f) Publication of dissenting vote on denial of petition for review. If a Petition for Review is denied and a justice of the Supreme Court voted to grant review, such justice's dissenting vote shall be reported in the caption of the decision of the Court of Appeals, if such decision is published in accordance with these rules.
(g) Depublication. Notwithstanding Rule 111 (b), the Supreme Court may order that an opinion certified for publication by the Court of Appeals either not be published in its entirety or that a specified portion of the opinion not be published.
(h) Memorandum Decision.1 When the Court issuing a decision concludes that only a portion of that decision meets the criteria for publication as an opinion, the Court shall issue that portion of the decision as a published opinion and shall issue the remainder of the decision as a separate memorandum decision not intended for publication.
(i) Substitute Victim Information. All opinions, memorandum decisions, and orders shall use a victim identifier, as deemed appropriate by the court, in place of the victim's name in any case concerning a defendant charged with an offense listed in A.R.S. Title 13, chapters 14, 32, 35 or 35.1 or in which the victim was a juvenile at the time of the offense. This rule does not apply to victims who are deceased at the time of issuance of the opinion, memorandum decision, or order.
(j) The victim may waive the requirements of this rule by notifying the court in a writing that consents to the use or release of the victim's true full name in court records.

Credits

Amended June 27, 1989, effective Sept. 1, 1989; June 10, 1997, effective Jan. 1, 1998; Oct. 6, 1998, effective Dec. 1, 1998; Sept. 2, 2010, effective Jan. 1, 2011; Dec. 10, 2012, effective Sept. 1, 2013; Sept. 2, 2014, effective Jan. 1, 2015.
<Formerly Part IX. Redesignated as Part X January 15, 2003, Effective July 1, 2003.>

Footnotes

Subrule heading editorially supplied.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 111, AZ ST S CT Rule 111
State Court Rules are current with amendments received and effective through 12/15/22. The Code of Judicial Administration is current with amendments received through 12/15/22.
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