§ 3.7.2.4 Statement of Facts.

• Jurisdiction: Arizona

§ 3.7.2.4 Statement of Facts. A statement of facts relevant to the issues presented for review is required by ARCAP 13(a)(4). See Appellate Advocacy § 2.5.6 for strategic and practical considerations regarding the statement of facts. The statement of facts may be combined with the statement of the case. See ARCAP 13(a)(5). See also § 3.7.2; Managing An Appellate Practice § 12.1.6 (regarding requirements for proper record).

The presentation of the facts must be scrupulously accurate and candid. References must be made to the clerk’s index number and page for documents, and to transcript date and page where each fact or statement referred to appears. A brief may be stricken that does not contain record references supporting its statement of facts in conformity with ARCAP 13(a)(5). See Gravel Res. of Ariz. v. Hills, 217 Ariz. 33, 36, ¶ 8, 170 P.3d 282, 285 (App. 2007) (factual assertions stricken). The court of appeals also has conducted an order to show cause hearing as to why sanctions should not be imposed against counsel because his brief did not contain appropriate record references. See Jensen v. Maricopa Cty., 1 CA-CV 90-374 (Orders filed Sept. 26, 1991 and Oct. 16, 1991).

Alternatively, where an appellant’s opening brief does not make appropriate references to the record as required by ARCAP 13(a)(5) and contains numerous factual assertions for which there is no record support, the statement of facts will be disregarded. See, e.g.,...