Appeals

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.

A “new trial” or retrial. The Superior Court will order a “trial de novo” when the record of the lower court is damaged or otherwise insufficient to decide the appeal. This may happen, for example, when the recording of the proceeding is inaudible.

In the context of fees, a person who is unable to pay his or her court fees can request that the court “waive” (strike) them.

The Clerk of Division One of the Court of Appeals issues the Writ of Review and serves it on the ICA and all other individuals to the Special Action on the same or next business day after the petition has been filed. Within ten (10) business days after service of the Writ of Review on the ICA, it transmits the entire claims file to the appropriate division of the Court of Appeals, together with an affidavit certifying that the claims file is the full, true, and complete record before the ICA.