Appeals

The record on appeal consists of (1) all papers filed in a case with the Clerk of the Superior Court, (2) all exhibits admitted by the Superior Court judge, and (3) all transcripts of any and all proceedings for that case. The persons in an appeal must take steps to ensure that all necessary transcripts of proceedings that took place in the Superior Court are included in the Record on Appeal.

 An order by which the Superior Court returns the case to the lower (trial) court for further action.

This is an optional paper that the Appellant or Cross-Appellant may file in response to the Answering Brief or Answering Brief on Cross-Appeal. The Reply Brief should respond to the arguments in the Answering Brief or the Answering Brief on Cross-Appeal and should not re-urge the same arguments that were made in the Opening Brief or the Opening Brief on Cross-Appeal. The Reply Brief should refer to the trial transcripts or exhibits to show that the facts supporting the argument can be found in the record.

This is a paper that the Appellant may file in response to the Memorandum of the Appellee only if the court gives permission. The Reply Memorandum should respond to the arguments in the Memorandum of the Appellee and should not re-urge the same arguments that were made in the Opening Memorandum of the Appellant.

This is a document filed by the Petitioner after the ALJ issues the award. It is filed with the ICA and asks the ALJ to review the evidence previously presented and to reverse, rescind, modify, or supplement the award, and make any disposition of the case that is appropriate. An appeal begins when a timely Request for Review is filed with the same ALJ that handled the hearing after that ALJ issues an Award.

In family law cases, the opposing side is called the Respondent instead of the Defendant.

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.

A ruling in which the Superior Court finds the trial court committed an error that was so important it likely affected at least part of the outcome of the case.

A rule found in the Arizona Rules of Criminal Procedure. If a defendant enters a plea of guilty or no contest in a criminal case, the defendant may not appeal. The defendant may only pursue review of the lower court proceeding through Rule 32. The lower court clerk may have a form to use if you wish to file a Rule 32 petition.