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Appeals

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Glossaries

Term Main definition
Adjudge

To decide or settle

Admission of Responsibility

To formally take responsibility for violating a civil traffic law before a judge. A defendant may not appeal an admission of responsible to a civil traffic charge.

Affidavit

A written statement of fact, signed and sworn to in front of a notary or a person who has the right to administer an oath.

Affirm

When a higher court “affirms” the decision of a lower court, it means that the higher court approves of the handling of the case by the lower court and their ruling will be permitted to take effect.

Anders Appeal

An appeal in which the Appellant merely asks the Superior Court to review the record for fundamental error rather than raising specific issues for appeal.

Answering Brief

This is the paper filed by the individual opposing the appeal, (the Appellee), in response to the Opening Brief filed by the litigant filing the appeal, (the Appellant). The Answering Brief should contain arguments in support of the judgment of the trial court and references to the transcripts or trial exhibits supporting those arguments.

Appeal

A request made to a higher court to reverse or modify a decision made by a lower court.

Appeal Fee

One of the fees an Appellant must pay or have waived so that the case may be reviewed by a higher court.

Appellant

This is the individual filing an appeal. The Appellant asks the Court of Appeals to review a final judgment by timely filing a Notice of Appeal with the Clerk of the Superior Court.

Appellant Memorandum

The document the Appellant files to explain why the decision of the lower court should be overturned – is sometimes referred to as an “Opening Memorandum.”

Synonyms - Opening Memorandum
Appellee

This is the person opposing an appeal.

Appellee Memorandum

The paper filed by the person opposing the appeal (the Appellee), in response to the Appellant Memorandum. The Appellee Memorandum should contain a statement of facts, arguments supporting the judgment of the lower court, and a conclusion.

Synonyms - Appellee's Memorandum
ARCAP

The Arizona Rules of Civil Appellate Procedure

ARCP

The Arizona Rules of Civil Procedure

Synonyms - A.R.C.P.
Arizona Supreme Court

This is the highest state appellate court in Arizona. The Court is located in Phoenix and has discretion to review decisions from either Division One or Two of the Arizona Court of Appeals.

Authorized Transcriber

As defined by Rule 30, Rules of the Supreme Court, an authorized transcriber means, a) a certified reporter; b) an individual or a transcription service under contract with an Arizona court; or c) an individual employed by a court whose official duties include the preparation of transcripts.

Award

The finding or decision of an administrative law judge or the ICA as to the amount of compensation or benefit due an injured employee or the dependents of a deceased employee.

Bond

An amount of money that an Appellant deposits with the court while waiting for the decision of the higher court. This money will be used to pay the costs of the Appellee if the Appellant loses his or her appeal.

Brief

Written statement explaining facts of a case and laws that apply.

Business Day

Each day of the week that is not a Saturday, Sunday, or official state holiday.

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