Appeals

When calculating your filing deadlines, you must include holidays and weekends. However, if the due date falls on a weekend or day when the court is closed, you will be permitted to file your document when the court re-opens.

The caption is part of any paper filed with the Court of Appeals or the Arizona Supreme Court that states: (1) the court in which the paper is being filed; (2) the name of the Plaintiff and Defendant (or Petitioner and Respondent in a family law case) in the Superior Court case; (3) the Superior Court case number; and (4) the case number assigned by the Arizona Court of Appeals or the Arizona Supreme Court.

This is a paper that the Appellant or Cross-Appellant must file for cases in counties where appeals are heard by Division One. These counties are Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo, and Apache.

This is a page that must be attached to the end of the Opening Brief, Answering Brief, and any Cross-Appeal Brief or Reply Brief. The Certificate of Compliance tells the Court of Appeals that the brief does not exceed the word count or page limit set by the Arizona Rules of Civil Appellate Procedure.

Most lawsuits are categorized as either civil or criminal, with the exception of Industrial Commission and Corporation Commission cases. Civil cases are typically cases between people or corporations for money or injunctive or declaratory judgment relief. Tax and family law cases are also civil cases.

A case that involves only alleged civil violations of the traffic code; that is, no criminal charges or criminal statutes in the traffic code are associated with the case.

This paper is provided by the Clerk of the Superior Court about 40 days after an appeal is filed by the Appellant. This index lists all of the papers filed in the Superior Court. When referring to these papers in briefs, the individuals should identify papers by their index number.

A public official with limited policing authority; duties include the removal of tenants who have been evicted from their rental homes and serving papers/subpoenas.

Money an Appellant pays into the court to cover the costs of the other person if he or she loses the appeal. Cost bonds can be waived or reduced for litigants who cannot afford to pay them. You do not have to pay a cost bond if you post a supersedeas bond.

The clerk is the person responsible for filing papers and keeping records of what happens in the courthouse.

The second highest court in Arizona. Only rarely are cases from the justice courts or municipal courts reviewed by the Court of Appeals.

This person records, by stenographic or electronic means, everything that is said during a court proceeding. The individuals to an appeal need to arrange with the court reporter in their Superior Court case, or the Electronic Services Office in the Maricopa County Superior Court if the proceeding was recorded by audio or audio-video recording in a case in that court, to get all necessary transcripts to include in the Record on Appeal. The name of the court reporter and contact information is contained in the Superior Court case record.

A case involving alleged violations of the criminal code and criminal violations of the traffic code.

After a Notice of Appeal has been timely filed, the person opposing the appeal (the Appellee), may ask the Court of Appeals to review a particular issue arising from the same Superior Court final judgment by timely filing a Notice of Cross-Appeal with the Clerk of the Superior Court. A cross-appeal is usually filed when the Appellee contends that the Superior Court judgment failed to grant all of the relief requested, such as by denying a request for an award of attorneys’ fees.