Appeals

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.

The Opening Brief is a paper filed by the person pursuing the appeal (the Appellant). The Opening Brief should contain a procedural history of the case (Statement of the Case), a Statement of Material Facts, Issues Presented for Review, Arguments supporting reversal of the judgment of the Superior Court, a Conclusion, and proof that the Opening Brief was timely filed in the Court of Appeals and copies were hand-delivered or mailed to the person opposing the appeal (Certificate of Compliance).

Oral argument is an opportunity for the Appellee and Appellant to appear in person at a time set by the Court of Appeals to discuss the issues and arguments presented in the briefs with the judges of the Court of Appeals. These judges will decide whether to affirm or reverse the judgment of the Superior Court.

An order is a written direction or command given by a court or judge. An order from a Superior Court that decides the case, is signed by the judge, and entered by the clerk is called a final judgment.

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.