§ 1.3.1 Publication, Depublication and Official Citation.

JurisdictionArizona

§ 1.3.1 Publication, Depublication and Official Citation. The courts’ written dispositions are in the form of opinions, memorandum decisions, decision orders, or orders. ARCAP 28(a); cf. R.S.C. 111(e) (“The written disposition of the case shall contain in the caption thereof the designation ‘Opinion,’ ‘Memorandum Decision,’ or ‘Order.’”). When a court concludes that only a portion of its decision meets the criteria for publication as an opinion, it may issue that portion of its decision as a published opinion and issue the remainder of the decision as a separate memorandum decision not intended for publication. See R.S.C. 111(h); ARCAP 28(g); R. Crim. P. 31.26.

A party may request that the court’s disposition be made by opinion rather than by memorandum decision. Such motion, based upon ARCAP 28(b) or R.S.C. 111, should refer to the particular legal issue in the decision warranting publication as an opinion. Such a motion is treated as motion for reconsideration and must comply with ARCAP 22. ARCAP 28(g).

Opinions are printed in the Arizona Business Gazette, the Arizona Advance Reports, the Arizona Reports, and the Pacific Reporter (3d). The official citation of a court of appeals opinion, as established by the supreme court, is “___ Ariz. ___, ___ P.3d ___ (App. [year]).” Pursuant to supreme court order, citations to appellate opinions issued on or after January 1, 1998 should include paragraph numbers in pinpoint citations to the Arizona Reports...

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