Appeals

A party is a person or entity that either brings or defends a lawsuit. Some cases may involve more than one Plaintiff or Defendant. When a Rule of Civil Appellate Procedure refers to “all parties” or “any party” it means either (1) every party whose claims or defenses have been resolved by the judgment on appeal, or (2) after the Court of Appeals has assigned a case number and designated the parties on appeal, those parties identified in the appellate court caption. Special rules apply if more than one party files an appeal from the same judgment. See, for example, ARCAP Rules 11(h) and 13(h).

The time between the filing of the Notice of Appeal and the day the Superior Court issues its final ruling on the appeal.

To “perfect the appeal” is to fully comply with the rules, procedures, and time lines of the court. When an appeal has been “perfected,” it is sent to the Superior Court so the judge can review the decision of the lower court and decide whether or not it should be enforced.

A Petition for Review is a paper that a person files with the Clerk of the Arizona Supreme Court if that person wants the Arizona Supreme Court to review a decision of the Court of Appeals. The Petition for Review must be filed with the Clerk of the Arizona Supreme Court within thirty (30) days after the Court of Appeals files its decision. If a Petition for Review is filed on time, the opposing side will have thirty (30) days from the date the Petition for Review is served by hand delivery or electronic service or thirty-five (35) days after service by mail, to file any objections in a paper called a Response to Petition for Review. The Response to the Petition for Review is filed with the Clerk of the Arizona Supreme Court.

This is a document entitled “Petition for Special Action-Industrial Commission” (the “petition”) that must be filed in Division One of the Court of Appeals in Phoenix, Arizona within thirty (30) days after the ICA mails the Decision upon Review. The caption of the petition must name each person to the award, including the ICA, and appropriately designate the interest of each side in the matter. The body of the petition must identify the award sought to be reviewed by the Court of Appeals, including the date it was issued by the ALJ. The body of the petition should also request that the Court of Appeals issue a “Writ of Review” directing the ICA to certify its claims file to the Court of Appeals within ten (10) business days after issuance of the Writ of Review.

In family law cases, the side initiating the case is called the Petitioner instead of the Plaintiff.

These pleas are admissions to the charges by the defendant. A defendant may not appeal any of these pleas.

These are persons who represent themselves in a court of law without the assistance of an attorney.