Appeals

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.

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.)

This review is made by the ALJ after the filing of a Request for Review and is based on the record and the memoranda, if any, submitted by the individuals. The ALJ may affirm, reverse, rescind, modify, or supplement the award, and make any disposition of the case that is appropriate. A decision by the ALJ must be made within sixty (60) days after the review has been requested. The Decision upon Review becomes part of the ICA file and a copy is mailed to the individuals.

A court order that is issued when an opposing person fails to answer a complaint or appear for trial.

Delay or postpone; for example, you may ask the court to “defer” payment of your court fees.

An agreement to terminate all or part of a lawsuit.

Division One of the Arizona Court of Appeals is located at 1501 W. Washington, Phoenix, Arizona 85007. You may contact the Clerk of the Court at (602) 542-4821. Division One hears appeals from final decisions of the Superior Court in the counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo, and Apache.

Division Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. You may contact the Clerk of the Court at (520) 628-6954. Division Two hears appeals from final decisions of the Superior Court in the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham, and Gila.

This is the date that the final judgment is filed with the Clerk of the Superior Court. When the final judgment is filed with the Clerk of the Superior Court, it is stamped with the entry date. The entry date may differ from the date that a judgment is signed by the Superior Court judge. An individual has thirty (30) days from the entry of judgment to file a Notice of Appeal with the Clerk of the Superior Court. If the Notice of Appeal is not filed within this thirty (30) day period, the Court of Appeals will dismiss the appeal as untimely.

Testimony of a witness, an object or written documents submitted in court about the facts in a case.

Documents or other items considered by the lower court. The Appellant or Appellee may attach copies of exhibits to a Memorandum filed in the appeal.

You file when you give papers to the clerk at the courthouse where the case is taking place. Courthouses are all different on how you can file papers; in person, by mail, or online. Contact the location before filing. If you do not file correctly, your papers may be turned down.

The filing fee is an amount of money that the law requires the Appellant to pay to pursue an appeal or the Appellee to pay to defend against it. The Court of Appeals will issue a written Notice that explains to the individuals the amount of money that must be paid as the filing fee. This filing fee must be paid within the time set forth in the Notice, unless a deferral or waiver of this fee is obtained from the Court of Appeals.

A special proceeding for returning possession of lands, tenements or other real property to a person who has been wrongfully kept off the land or deprived of use of the land. This is a common proceeding used in landlord/tenant disputes, also known as eviction.

If you are declared “indigent on appeal” this means that a judge has formally ruled that you qualify for financial assistance with your appeal. You may not be required to pay for the record on appeal. You may also be assigned an attorney to assist with the appeal. The court may require you to contribute to the cost of the appeal and the services of the appointed attorney if the court determines that you can afford to pay a partial amount.

The official decision by a court regarding the rights and claims of the person to a civil or criminal lawsuit.

A term used to describe the authority of the court to hear the case.