Appeals

Each court in Arizona has an office for the “clerk” of that court. The clerk is a public official responsible for filing papers and keeping records of court proceedings. There is a clerk for each Superior Court the fifteen (15) counties in Arizona. There is a clerk for Division One and a clerk for Division Two of the Court of Appeals. There is a clerk for the Arizona Supreme Court.

The Opening Brief is a paper filed by the person pursuing the appeal (the Appellant). The Opening Brief should contain a procedural history of the case (Statement of the Case), a Statement of Material Facts, Issues Presented for Review, Arguments supporting reversal of the judgment of the Superior Court, a Conclusion, and proof that the Opening Brief was timely filed in the Court of Appeals and copies were hand-delivered or mailed to the person opposing the appeal (Certificate of Compliance).

Oral argument is an opportunity for the Appellee and Appellant to appear in person at a time set by the Court of Appeals to discuss the issues and arguments presented in the briefs with the judges of the Court of Appeals. These judges will decide whether to affirm or reverse the judgment of the Superior Court.

An order is a written direction or command given by a court or judge. An order from a Superior Court that decides the case, is signed by the judge, and entered by the clerk is called a final judgment.