§ 7.8 The Special Action From the Respondent|Real Party In Interest's Point of View.

• Jurisdiction: Arizona

§ 7.8 The Special Action From the Respondent/Real Party In Interest’s Point of View. Technically, the respondent in the special action is the public officer or tribunal whose action is being challenged and the real party in interest is the “defendant” who actually appears and defends the action or inaction of the officer or tribunal. See RPSA 2(a), 4. Although RPSA 4(d) provides that a response will be made “by the defendant [respondent] or the real party in interest,” the officer or tribunal usually does not appear to defend. In fact, it is not only unusual for the officer or tribunal to appear, but as the court of appeals explained in State ex rel. Brannan v. Williams, 217 Ariz. 207, 210 n.2, ¶ 4, 171 P.3d 1248, 1251 n.2 (App. 2007), in most cases “a judicial officer is named as a respondent but has only a nominal interest in the proceedings and lacks standing to appear and advocate the correctness of a contested ruling to a higher court.” As the court pointed out, it is for the real party in interest to defend the judge’s action. Id. The exception to this rule is when the judicial officer wishes to appear in order to explain or defend “an administrative practice, policy or local rule.” Id.; see also Hurles v. Superior Court, 174 Ariz. 331, 332-34, 849 P.2d 1, 2-4 (App. 1993). See § 7.4.2.

The party responding to a petition for special action must be aware that the response is limited to 10,500 words if in proportionate typeface, or 30 pages if...