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What is an appeal?

Legal process used to ask a higher court to review a decision of a lower court.

Forms and information on appeals of cases in Maricopa County.  If your courthouse is not listed, utilize the state forms or contact the courthouse directly.

Maricopa Justice Court Appeals

Glendale City Court

Goodyear Municipal Court

Mesa Municipal Court

Paradise Valley Municipal Court

Scottsdale City Court

Tempe City Court

Wickenburg Municipal Court

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If you believe that the Court of Appeals did not correctly rule in your case, you can file a Petition for Review.  The first thing to do is to complete the court forms to file with the Arizona Supreme Court.

Note: Filing must take place within 30 days after the Court of Appeals issues its decision.

To file with the Arizona Supreme Court, the following steps need to occur:

  1. Preparation of the Petition for Review
    1. Follow all requirements detailed here
    2. Attach a copy of the Court of Appeals decision to the Petition for Review
  2. Contents in the Petition for Review and the  must discuss
    1. Issues to be reviewed
    2. Issues not decided by the Court of Appeals
    3. Statement of important facts
    4. Why the Petition should be granted or deniedResponse to the Petition for Review
  3. Filing a Petition for Review or a Response to the Petition for Review 
    1. Initial filings take place at the Arizona Supreme Court Office of the Clerk
      1. Address: 1501 W. Washington St., Ste. 402, Phoenix, AZ 85007
    2. Attorneys must electronically file; no copies are required if electronically filing.
    3. For those not electronically filing you will need:
      1. the original and 1 copy if the case is not sealed
      2. the original and 6 copies if the case is sealed
    4. A Reply is not allowed unless the Supreme Court orders a Reply to be filed
  4. Payment or an approved waiver or deferral of the filing fee must be presented to the Clerk of the Supreme Court at the time of filing
  5. Appendix: portions of the record and legal authorities that are cited in the petition or response that are necessary to assist the Arizona Supreme Court in understanding and ruling on the issues presented
    1. The respondent must file their appendix in the same manner as the petitioner
    2. An appendix with more than one item must begin with a Table of Contents
      1. Index number, transcript date, or exhibit number should be used to identify the various items
    3. If including an Appendix with your initial filing it must be separated by a different colored paper and numbered sequentially to the rest of the packet
    4. If filing an Appendix separately, the page number should start with the cover page of the Appendix
  6. Timing
    1. The Petition for Review must be filed within 30 days after the Court of Appeals has entered their decision
    2. If you need an extension on filing, you may file a Motion of Extension with the Supreme Court explaining why, but do not assume that it will be granted
      1. Extensions need to be filed prior to the 30 day deadline
      2. Objections can be raised to an extension by the other entity in the case
  7. Certificate of Compliance/Certificate of Service (Form 17) must be filed with with the Petition for Review and the Response to the Petition for Review
    1. The Certificate of Compliance states that you did not exceed the word count or page limitation
    2. The Certificate of Service states how and when copies of the Petition for Review or the Response were served to the other entities in the case
  8. Grant or Deny: a decision on whether to consider the appeal will be mailed to the initial filer
    1. If you would like to have the decision sent to you via email, a Consent for Electronic Distribution form must be submitted
    2. At this time the court will also decide if oral arguments will be heard or if supplemental briefs are permitted
    3. Denied appeals can go no further; motions to reconsider a denial are not allowed
  9. Attend the court hearing
    1. Be on time
    2. Dress neatly
    3. Find out if children are allowed in courtroom
  10. Oral Arguments
    1. Be prepared to tell the judge why they should agree with your filing position
    2. Oral arguments are limited to 20minutes (including rebuttal) per side
      1. In death penalty cases each side is granted 25 minutes

 

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What is an appeal?

Legal process used to ask a higher court to review a decision of a lower court. 

The Court of Appeals Division Two reviews the evidence and arguments presented to the Superior Court.  The judgment of the Superior Court will only be reversed if they find an error of law that was so important that it likely affected at least part (or all) of the outcome of the case.

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What is an appeal?

Legal process used to ask a higher court to review a decision of a lower court.

The Court of Appeals Division One reviews the evidence and arguments presented to the Superior Court, Tax Court, Industrial Commission, and certain Department of Economic Security cases.  The judgment of the Superior Court will only be reversed if they find an error of law that was so important that it likely affected at least part (or all) of the outcome of the case.

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The following lists the ten most important steps that must be taken to properly file or defend a civil appeal. Detailed descriptions of each step can be found here:

Step 1: Determine when the final judgment was entered by the Clerk of the Superior Court

Step 2: Timely file a "Notice of Appeal" from the final judgment

Step 3: Decide whether a "Cross-Appeal" is appropriate and, if so, timely file a "Notice of Cross-Appeal"

Step 4: Order the necessary transcripts of proceedings conducted in the Superior Court

Step 5: Make satisfactory arrangements for payment

Step 6: File and deliver the proper papers

Step 7: Request additional transcripts

Step 8: Receive a copy of the Index of the Superior Court Clerk

Step 9: File a supersedeas bond with the Clerk of the Superior Court to prevent collection of a money judgment while the appeal is being decided by the Court of Appeals

Step 10: Get the Court of Appeals briefing schedule and pay all fees and file all briefs on time

 

What is an appeal?

Legal process used to ask a higher court to review a decision of a lower court.

Can I appeal a civil traffic judgment if I entered an admission of responsible?

No, if you acknowledge to the judge that you violated civil traffic law you cannot appeal.

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