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Rule 33. Appellate Memoranda; Dismissal for Non-filing

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing ViolationsEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing Violations (Refs & Annos)
Effective: January 1, 2022
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 33
Rule 33. Appellate Memoranda; Dismissal for Non-filing
(a) The appellant must file an original and one copy of the appellant's memorandum in the trial court within 60 calendar days of the deadline to file the notice of appeal. The trial court must mail or deliver the copy of the memorandum to the appellee. For good cause, the trial court may enlarge the time to file the memorandum.
(b) If the appellant fails to file an appellate memorandum, the appeal is deemed abandoned and must be dismissed by the trial court with notice to the appellant. Where the defendant is the appellant, the trial court may proceed as set forth in Rule 32(c).
(c) An original and one copy of the appellee's memorandum must be filed within 30 calendar days of transmittal of the appellant's memorandum. The trial court must mail or deliver the copy of the memorandum to the appellant. For good cause, the trial court may enlarge the time to file the appellee's memorandum. If the appellee does not file a memorandum, the appeal must be submitted on the appellant's memorandum and the record. The non-filing of an appellee's memorandum is not a confession of error.
(d) Appellate memoranda must be typed or printed on white, opaque, letter-size paper, double-spaced, and must not exceed 15 pages, excluding exhibits. Memoranda must set forth a factual and legal basis for appropriate judicial relief. Memoranda must include a short statement of the facts with reference to the record, a concise argument setting forth the legal issues presented with citation of authority, and a conclusion stating the precise remedy sought on appeal.
(e) No further memoranda can be filed unless ordered by the superior court.
(f) Motions for more time must be presented to the trial court and must be ruled upon by a judge other than the judge that heard the matter being appealed.

Credits

Added as Rule 38 Nov. 9, 1983, effective Jan. 1, 1984. Redesignated Rule 33 and amended Oct. 11, 2002, effective Dec. 1, 2002. Amended Aug. 27, 2015, effective Jan. 1, 2016; Aug. 25, 2021, effective Jan. 1, 2022.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 33, AZ ST CIV TRAF Rule 33
State Court Rules are current with amendments received and effective through 11/1/22. The Code of Judicial Administration is current with amendments received through 11/1/22
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