Ariz. R. Civ. App. P. 10

As amended through August 22, 2024

Rule 10 - [Effective until 1/1/2025] Appeals in Expedited Election Matters

(a)Scope. This Rule governs appeals in election matters designated by statute for expedited appellate review. Other provisions of these Rules apply to expedited election appeals to the extent they are not inconsistent with this Rule, or to the extent that this Rule does not expressly vary those other provisions.

(b)Filing a Notice of Appeal in the Superior Court. A party may appeal from a superior court judgment by filing a notice of appeal within the accelerated time provided by the applicable statute. A notice of appeal filed after the superior court announces an order or other form of decision--but before entry of the resulting judgment that will be appealable--is treated as filed on the date of, and after the entry of, the judgment. The party must file the notice of appeal in the superior court in the county in which the proceeding occurred, and the notice must contain all of the information required by Rule 8(c).

(c)Filing a Copy of the Notice of Appeal with the Appellate Court. Within one business day after filing the notice of appeal in the superior court, the appellant must file with the appropriate appellate clerk:

(1) A copy of the notice of appeal that shows the superior court clerk's file-stamped date;

(2) A statement designating the case as an "Expedited Election Matter" and providing the names and contact information, including email addresses if available, of counsel for each party and of any self-represented party; and

(3) A copy of the superior court's judgment that the appellant is appealing.

If a case originates outside the county in which the appellate clerk's office is located, an appellant that is filing in paper pursuant to Rule 4.1 may satisfy this requirement by sending these documents by facsimile or electronic mail to the appellate clerk, and by filing a paper copy of the documents with the appellate clerk not later than the second business day after filing the notice of appeal in the superior court.

(d)Determining the Appropriate Appellate Court in an Expedited Election Matter.

(1)Appeal to the Supreme Court. A party must appeal a judgment involving candidate nomination petitions directly to the Supreme Court. A party may also take a direct appeal to the Supreme Court if the judgment involves a statewide initiative or referendum, the issue on appeal is of substantial statewide importance, and the issue otherwise would become moot before Supreme Court review.

(2)Appeal to the Court of Appeals. A party must appeal to the Court of Appeals a judgment involving a recall; a county, city, or town initiative or referendum; or a statewide initiative or referendum that does not meet the criteria for appealing directly to the Supreme Court.

(e)Fees. The appellant must pay a filing fee to the appellate clerk when filing a copy of the notice of appeal under Rule 10(c). If the case originates outside the county in which the appellate clerk's office is located, an appellant that is filing in paper pursuant to Rule 4.1 may pay the filing fee when the appellant transmits the paper copy of the documents required under Rule 10(c). The appellee must pay any required fees upon the appellee's first appearance in the appellate court.

(f)Preparation of the Record on Appeal.

(1)Index. The superior court clerk must prepare an index of the record and transmit the index and the superior court's record to the appellate court within 5 business days after the notice of appeal is filed.

(2)Transcripts; Stipulated Record.

(A) The appellant must promptly order and ask the certified reporter or authorized transcriber to expedite the preparation of any transcripts necessary for determination of the appeal.

(B) No later than one business day after filing the notice of appeal in the superior court, the appellant must notify every other party of the portions of every transcript of court proceedings that the appellant intends to include in the record on appeal. If any other party considers a transcript of additional portions of the proceedings to be necessary, that party must notify the appellant and all other parties within one business day of the additional portions to be included in the record on appeal. If the appellant declines to order those additional portions, that other party may order them, or may instead request an appropriate order from the superior court judge who entered the judgment.

(C) The party that orders a transcript must make payment arrangements with the certified reporter or authorized transcriber, and upon receipt of the transcript, must promptly file it with the appellate court and serve other parties with a copy.

(D) If necessary, a party may request the appellate court to order expedited preparation of the record.

(E) In lieu of transcripts, the parties may agree on a stipulated record and submit copies of the stipulated record to the appellate court.

(g)Scheduling Conference. Simultaneously with filing the copy of the notice of appeal in the appellate court as required by Rule 10(c), the appellant must file a written request that the appellate court set an initial telephonic scheduling conference to determine a schedule for expedited proceedings. The parties must be prepared to address the following topics at the initial scheduling conference:

(1) Any pending deadlines that might affect the schedule for briefing or disposition of the appeal, such as the deadline for printing ballots or a publicity pamphlet, or the date of the election;

(2) Any request for a court order to facilitate the timely preparation of the record on appeal;

(3) Any request to transfer the case to the Court of Appeals or to the Supreme Court;

(4) The nature and number of issues on appeal;

(5) Deadlines for submission of the parties' briefs;

(6) The format of pleadings and documents that the parties may file on appeal, including proposed word limits and whether briefs should be as prescribed by Rules 13 and 14; and

(7) Whether the court should schedule oral argument.

(h)Electronic Filing and Service Requirement. Parties to an expedited election appeal are required to file documents electronically, as provided by Rule 4.2, unless an exception applies under Rule 4.1. A party that serves documents on another party by mail in an expedited election appeal also must deliver the documents by electronic means, including email or facsimile, or as agreed to by the parties. If the party on whom electronic delivery is to be made does not have access to email or facsimile, then delivery must be done by hand delivery or as the appellate court otherwise directs.

(i)Motion for Reconsideration. A party that seeks reconsideration of an appellate court decision in any expedited election case under this Rule must file a motion for reconsideration within 5 calendar days after entry of the decision. This motion is otherwise subject to the requirements of Rule 22.

(j)Petition for Review.

(1)Petition Deadline. To file a petition for review in any expedited election case governed by this Rule, a party must file the petition with the Supreme Court clerk within 10 calendar days after either entry of a decision, or entry of the final disposition by the Court of Appeals of a motion for reconsideration, whichever is later. The petitioner must serve a copy of the petition and any appendices on all parties that have appeared in the Court of Appeals.

(2)Cross-petition Deadline. A party may file a cross-petition for review with the Supreme Court clerk within 10 calendar days after service of a petition for review. The cross-petitioner must serve a copy of the cross-petition and any appendices on all parties that have appeared in the Court of Appeals.

(3)Response Deadline. Any party's response to a petition or cross-petition for review must be filed within 10 calendar days after service of the petition or cross-petition.

(4)Form. The petition, cross-petition, and responses must comply with the form, length, and content requirements provided by Rule 23.

(5)Supplemental Briefs; Oral Argument. If the Supreme Court grants review but its order does not provide for filing supplemental briefs or for oral argument, a party may file a request to allow one or both of these within 5 calendar days after entry of the order.

Ariz. R. Civi. app. proc. 10

Formerly Rule 8.1, added Sept. 5, 2007, effective 1/1/2008. Renumbered Rule 10 and amended Sept. 2, 2014, effective 1/1/2015; amended Dec. 8, 2021, effective 1/1/2022.

COMMENT TO RULE 10

(1) This rule applies only to election-related cases designated by statute for expedited consideration on appeal, such as those arising under A.R.S. § 16-351(A) (candidate nomination petitions); A.R.S. § 19-208.04(recall); A.R.S. § 19-122 (initiative and referendum petitions); and A.R.S. § 19-141 (initiative and referendum in counties, cities, and towns). Cases that do not involve a specific statutory provision requiring expedited proceedings are governed by other provisions of these Rules or the Rules of Procedure for Special Actions. Any effort to expedite an appeal in such cases requires a motion for expedited consideration under Rule 6 of these Rules or an appellate special action under Rule 7 of the Rules of Procedure for Special Action. In such cases, counsel are encouraged to consider following the practices codified by subsections (c), (d) and (f) of this Rule.

(2) Under A.R.S. § 16-351(A), a notice of appeal in a nomination petition case must be filed not later than 5 calendar days after the superior court enters final judgment. SeeBohart v. Hanna, 213 Ariz. 480, 143 P.3d 1021 (2006) (party appealing a decision concerning a nomination petition must file the notice of appeal within 5 calendar days); Klebba v. Carpenter, 213 Ariz. 91, 139 P.3d 609 (2006) (party appealing a decision concerning a nomination petition must obtain a written, signed judgment from the superior court within the 10-day period imposed by A.R.S. § 16-351(A)). Under A.R.S. § 19-122, a notice of appeal in mandamus cases involving initiatives and referenda must be filed not later than 10 days after the superior court enters final judgment. Under A.R.S. § 19-208.04, a notice of appeal in a recall case must be filed not later than 10 calendar days after the superior court enters final judgment.

(3) Appeals in election matters involving a county, city, or town initiative or referendum should be taken to the Court of Appeals. SeeFleischman v. Protect Our City, 214 Ariz. 406, 407-08 ¶ 7, 153 P.3d 1035, 1036-37 (2007). A party to the appeal may move pursuant to Rule 19 to transfer the case to the Supreme Court. Any such motion should be accompanied by a request for expedited consideration and should explain why transfer is appropriate.

(4) This Rule provides for expedited motions for reconsideration and petitions for review, but parties remain responsible for requesting more expedited handling of their case if necessary to have the motion or petition considered before any election, ballot printing, or other deadline. Such requests should be made by motion under Rule 6 of these Rules or under Rule 7 of the Rules of Procedure for Special Actions.

APPLICATION

HISTORICAL NOTES

Source:

Civ.Code 1913, §§ 1239, 1240, 1249, 1250, 1253, 1255.

Rev.Code 1928, §§ 3665, 3666, 3673, 3674, 3676.

Fed.Rules Civ.Proc., Rules 73(c), 73(f), 28 U.S.C.A.

Code 1939, §§ 21-1804 to 21-1806, 21-1813 to 21-1816.

Laws 1951, Ch. 67, § 1.

Rules Civ.Proc., former Rules 73(e), 73(h) to 73(j), 73(m) to 73(p), 73(r).