18.23 Appeals

• Jurisdiction: Arizona

18.23 Appeals. The Supreme Court of Arizona has authority to hear appeals of all criminal and civil proceedings other than those originating in courts of justice and municipal courts.⁵⁰⁸ The Arizona Court of Appeals has jurisdiction over all criminal and civil proceedings, proceeding from superior courts, except those in which a death sentence has been given.⁵⁰⁹ Before bringing an appeal, a party must satisfy three requirements. There must be an appealable order; the order must have resulted in prejudicial error; and the appellant must be an aggrieved party.

There are four categories of appealable orders: (1) final judgments; (2) post-trial orders; (3) orders affecting substantial rights of a party; and (4) certain interlocutory orders.⁵¹⁰ All final judgments of a superior court (except for a small-claims forcible entry and detainer judgment) may be appealed.⁵¹¹ A final judgment is one deciding a case on the merits and leaving no room for judicial interpretation.⁵¹² All special orders made post-trial may also be appealed.⁵¹³ These include orders setting aside a default judgment, orders of reconsideration of summary judgment, and grant or denials of motions for new trial.⁵¹⁴

An order affecting the substantial rights of the parties may be appealed when the order has the effect of determining the action and prevents a judgment from which an appeal may be taken.⁵¹⁵ The principle focus here is on procedural issues. Though interlocutory orders may not usually be appealed, in some situations courts will hear them. An...