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Appeals

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Glossaries

Term Main definition
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.

Calendar Days

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.

Caption

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.

Case Management Statement

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.

Certificate of Compliance

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.

Civil Case

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.

Civil Traffic Case

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.

Clerk's Index

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.

Synonyms - Index of the Clerk
Constable

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.

Cost Bond

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.

Court Clerk

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

Court of Appeals

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

Court Reporter

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.

Criminal Case

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

Cross-appeal

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.

Date Stamp

A stamp that the court clerk puts on your document to record the time and date on which a document is filed. (Keep copies of all date-stamped documents for your file.)

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