Appeals

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.

A lower, limited jurisdiction court. In justice courts, the judges are elected officials called Justices of the Peace.

For purposes of appeals, the term “lower court” means the justice or municipal court in which your case was originally heard.

A written document in support of a certain position.

A money judgment is a judgment signed by a judge of the Superior Court requiring one party to pay a specific amount of money to another person.

A motion is a paper filed with the Superior Court, the Court of Appeals, or the Arizona Supreme Court requesting that certain relief be granted. For example, a motion is filed in the Court of Appeals requesting an extension of time to file the Opening Brief.

A request that the court “set aside” an Order so that it will not take effect.

A lower, limited jurisdiction court.

This is a paper that must be filed in the Superior Court within thirty (30) days after the date of entry of judgment by the Clerk of the Superior Court in order to appeal the judgment to the Court of Appeals. If the Notice of Appeal is not timely filed, the Court of Appeals must dismiss the appeal.

The Notice of Cross-Appeal is a paper that must be filed with the Clerk of the Superior Court within twenty (20) days after the Notice of Appeal is filed if the person opposing the appeal (the Appellee) wants the Court of Appeals to review a particular issue arising from the same Superior Court judgment.

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.