§ 6.14 Outline of Procedural Steps and Time Limits.
Jurisdiction | Arizona |
§ 6.14 Outline of Procedural Steps and Time Limits.
Text Reference
1.
Notice of Appeal.
Any aggrieved party files notice of appeal with superior court clerk, juvenile division, no later than 15 days after juvenile court’s signed, final order is file-stamped or otherwise designated as filed. Superior court clerk transmits notice of appeal and order being appealed to court of appeals immediately upon filing of notice of appeal. Court of appeals clerk dockets appeal on receipt of notice of appeal and order.
§ 6.6
§ 6.7
2.
Notice of Cross-Appeal.
Any appellee aggrieved by order on appeal who seeks to increase his own rights or diminish those of appellant may file notice of cross-appeal no later than 10 days after filing of notice of appeal.
§ 6.6
3.
Motion For Appointment of Counsel On Appeal.
No later than 5 days after service of notice of appeal, appellant or other party not represented by appointed counsel in juvenile court when final order was filed, may request juvenile court presiding judge to appoint counsel to represent party on appeal.
§ 6.10.3
4.
Designation of Record.
A. Appellant may file and serve designation of record no later than 5 days after filing notice of appeal to add or delete items or proceedings from record as defined by rule.
§ 6.9.2
B. Appellee may file and serve supplemental designation of record no later than 12 days after filing of notice of appeal to add to record on appeal items or proceedings deleted by appellant’s designation of record or otherwise not automatically part of record on appeal.
§ 6.9.2
Text Reference |
||
5. |
Opt-Out Notice. |
|
Any appellee may file notice no later than 10 calendar days after filing of notice of appeal that the party does not intend to participate actively in appeal. Such appellee will not receive transcript from court reporter. |
§ 6.10.1 |
|
6. |
Filing Fees and Costs. |
|
Appellant without appointed counsel on appeal makes arrangements with court reporter or juvenile court word processing operator to pay for transcript no later than 5 days after filing of notice of appeal or denial of request for appointment of counsel on appeal. |
§ 6.9.3.3 |
|
7. |
Transcripts. |
|
Court reporter or juvenile court authorized transcriber files transcript with court of appeals clerk and serves on appellees no later than 30 days following first to occur of the following: (a) filing of notice of appeal by governmental agency or party who proceeded with appointed counsel when order on appeal was filed; (b) service of order appointing counsel for appellant on appeal; or (c) appellant makes satisfactory arrangements to pay for transcript (required within 5 days after filing notice of appeal). |
§ 6.9.3 |
|
8. |
Time Requirements. |
|
A. When full record on appeal has been filed, including transcript, court of appeals clerk mails notice of completion of record. |
§ 6.11.2 |
|
B. Appellant files opening brief no later than 20 days after mailing of notice of completion of record. |
§ 6.11.2 |
|
C. Appellee files answering brief within 20 days after service of opening brief. |
§ 6.11.2 |
|
D. Appellant may file reply brief or notice stating no reply brief will be filed within 10 days after service of answering brief. |
§ 6.11.2 |
Text Reference |
||
9. |
Oral Argument. |
|
Any party may file request for oral argument on or before earlier of 10 days after date reply brief is due or filed. |
§ 6.11.8 |
|
10. |
Transfer of Appeal To Supreme Court. |
|
Petition to transfer appeal to supreme court must be filed in supreme court on or before earlier of date reply brief is due or filed. |
§ 6.11.2 |
|
11. |
Extension of Time To File Petition for Review. |
|
Motion to extend time for filing petition or cross-petition for review may be filed in the supreme court, which has authority to grant or deny. |
§ 6.13.2.2 |
|
12. |
Petition For Review By Supreme Court. |
|
A. No motion for reconsideration is permitted in court of appeals. B. Any party to appeal files petition for review with supreme court, if at all, within 30 days after court of appeals clerk gives notice of court’s decision. |
§ 6.13.1
§ 6.13.2.2
|
|
C. Any other party may file cross-petition for review in supreme court within 15 calendar days after service of petition for review. |
§ 6.13.2.5
|
|
D. Partial record on appeal is made available by court of appeals clerk immediately upon notification of filing of petition for review. |
§ 6.13.2.2 |
|
E. Response to petition or cross-petition is filed in supreme court, if at all, within 30 days after service of petition or cross-petition. |
§ 6.13.2.2 |
|
F. No reply supporting petition or cross-petition for review may be filed unless supreme court so directs by specific order. |
§ 6.13.2.6 |
Text Reference |
||
13. |
If Petition For Review Is Granted. |
§ 6.13.2.8.2 |
|
Order granting review will state issues on which review is granted. Order may require additional briefs or oral argument. Counsel may request additional briefing or oral argument by motion filed within 15 days after clerk mails notice of order granting review. |
|
14. |
Motion For Reconsideration In Supreme Court. |
§ 6.13.2.8.4 |
Juvenile rules do not provide for motion for reconsideration in supreme court; however, supreme court has accepted and ruled on motions for reconsideration or rehearing in juvenile appeals. |
Anders v. California, 386 U.S. 738, 744 (1967)........................................................ 6-13
Antonio P. v. Ariz. Dep’t of Econ. Sec., 218 Ariz. 402, 187 P.3d 1115 (App. 2008) 6-7, 15
Ariz. Dep’t of Econ. Sec. v. Ciana H., 191 Ariz. 339, 955 P.2d 977 (App. 1998)..... 6-18
Ariz. Dep’t of Econ. Sec. v. Don, 165 Ariz. 407, 799 P.2d 27 (App. 1990)................. 6-9
Ariz. Dep’t of Econ. Sec. v. Superior Court (Baby Boy Doe), 171 Ariz. 688, 832 P.2d 705, 707 (App. 1992)..................................................................................................................... 6-18
Bechtel v. Rose, 150 Ariz. 68, 722 P.2d 236 (1986).................................................... 6-4
Bennigno R. v. Ariz. Dep’t Econ. Sec., 233 Ariz. 345, 312 P.3d 861 (App. 2013)...... 6-5
Big D Constr. Corp. v. Court of Appeals, 163 Ariz. 560, 789 P.2d 1061 (1990)....... 6-18
Carolina H. v. Ariz. Dep’t. of Econ. Sec., 232 Ariz. 569, 307 P.3d 996 (App. 2013) 6-14
Cecilia A. v. Ariz. Dep’t of Econ. Sec., 229 Ariz. 286, 274 P.3d 1220 (App. 2012).... 6-8
Christy C. v. Ariz. Dep’t of Econ. Sec., 214 Ariz. 445, 153 P.3d 1074 (App. 2007).... 6-4
City of Flagstaff v. Mangum, 164 Ariz. 395, 793 P.2d 548 (1990)............................ 6-18
City of Phoenix v. Geyler, 144 Ariz. 323, 697 P.2d 1073 (1985)................................ 6-9
David S. v. Audilio S., 201 Ariz. 134, 32 P.3d 417 (App. 2001)............................... 6-14
Denise H. v. Ariz. Dep’t Econ. Sec., 193 Ariz. 257, 972 P.2d 241 (App. 1998)........ 6-14
Dep’t of Child Safety v. Superior Court (Angel B.), 235 Ariz. 300, 332 P.3d 47 (App. 2014) 6-14, 15
Desiree S. v. Dep’t. of Child Safety, 235 Ariz. 532, 334 P.3d 222 (App. 2014)........ 6-15
Exodyne Prop., Inc. v. City of Phoenix, 165 Ariz. 373, 798 P.2d 1382 (App. 1990). 6-18
Francisco F. v. Ariz. Dep’t of Econ. Sec., 228 Ariz. 379, 266 P.3d 1075 (App. 2011) 6-3, 6, 7
Fraternal Order of Police Lodge 2 v. Phoenix Employee Relations Bd., 133 Ariz. 126, 650 P.2d 428 (1982).................................................................................................................... 6-18
Graham v....
To continue reading
Request your trial