Appeals

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.

Penalties the court will sometimes impose against a person for bringing a frivolous or baseless court action or for disobeying a court order.

The Superior Court Rules of Appellate Procedure (Civil Law)

An extraordinary, discretionary appeal to the Arizona Court of Appeals or Supreme Court.

This is a paper that the person who wins on appeal can file in order to recover, from the unsuccessful side, the costs he or she incurred in preparing the appeal from the unsuccessful person.

A suspension (postponement) of a court order.

An agreement between the individuals.

An agreement between the individuals allowing the Appellant to bring an appeal without posting a cost bond.

A submittal occurs when the individuals in a case let the trial judge decide the matter based upon the police reports and any other agreed upon evidence that is given to the judge. A submittal is a process used instead of a trial. Unlike a guilty plea or admission of responsible, a defendant may appeal from the ruling entered after a submittal.

This is the “trial court” in each of the fifteen (15) counties in Arizona. It is the court where most civil cases are initially filed. Appeals from final decisions in the Superior Court are taken to the Court of Appeals.

This is a bond that the Superior Court requires the Appellant to pay if the Appellant wants to delay payment of a money judgment until the appeal is completed. If a Supersedeas Bond is filed in the Superior Court, the Appellee cannot collect the money awarded by the final judgment until the appeal is completed. If no Supersedeas Bond is filed, and no proceedings initiated to set a Supersedeas Bond, the Appellee may collect the money judgment while the appeal is awaiting decision by the Court of Appeals.

A person who, at the request of another, becomes responsible for payments or performance of the requester.  A surety is often used to ensure payment of a debt, if the original debtor does not pay the surety becomes responsible for the debt, similar to a cosigner on a loan

Whatever paper is to be filed in the Superior Court, the Court of Appeals, or the Arizona Supreme Court must be filed on or before the last day set forth in this guide or on or before any other date set by the Court of Appeals or the Arizona Supreme Court in a notice sent to the individuals.

The court in which your case was originally heard. This court hears civil traffic cases. This is also the court whose action you are appealing. The Notice of Appeal, Appellant and Appellee memoranda, and motions for extension of time to file memoranda must all be filed in this court.

These are papers prepared by a court reporter or from an electronic recording. They contain an exact record of what was said and done in proceedings that took place in the Superior Court. The individuals in an appeal must make sure that all necessary transcripts are included in the Record on Appeal.

A procedure transferring the case file of the lower court and the Memoranda (briefs) from the lower court to the Superior Court so that the decision of the lower court can be reviewed on appeal.