Rule 2 - [Effective 1/1/2025] Special Actions Defined(a) Generally. Special actions allow a party to obtain relief in a superior or appellate court from a decision of a lower court, or from a body, officer, or person.(b) Original Special Actions; Appellate Special Actions. There are two types of special actions - original special actions and appellate special actions. (1)Original Special Actions. An original special action begins a case in court. It does not request review of an earlier decision of a court. A party seeks original special action relief by filing a complaint. With few exceptions, jurisdiction is mandatory in original special actions.(2)Appellate Special Actions. An appellate special action requests review of an earlier decision of a lower court. A party seeks appellate special action relief by filing a petition. With few exceptions, jurisdiction is discretionary in appellate special actions and may be accepted only if the remedy by appeal is not equally plain, speedy, and adequate.(c) Old Writs Now Described as Special Actions. The writs of certiorari, mandamus, or prohibition by which parties formerly obtained relief in proceedings are now called special actions. Special action proceedings should no longer be designated as proceedings for certiorari, mandamus, or prohibition. If a party brings an action formerly described as one for certiorari, mandamus, or prohibition, whether under A.R.S. § 12-2001, A.R.S. § 12-2021, or the common law, that action is a special action. These rules do not enlarge the scope of relief those writs formerly granted. Amended August 22, 2024, effective 1/1/2025.2025 Comment
Arizona's Constitution authorized the legislature to create the writs that are now described as special actions. Ariz. Const, art. 6, §§ 5, 18.
Most special actions are appellate special actions. They are governed by Rules 11 through 20. The Supreme Court has jurisdiction over appellate special actions under the article 6, section 5 of the Arizona Constitution, and A.R.S. §§ 12-2001 and 12-2021. The Court of Appeals has jurisdiction over appellate special actions under A.R.S. § 12-120.21. The Superior Court has jurisdiction over appellate special actions under A.R.S. § 12-124. Jurisdiction in appellate special actions is discretionary, except in the rare instances when a statute requires an appellate court to accept jurisdiction. See, e.g., A.R.S. § 13-753(1).
Unlike an appellate special action, a court's jurisdiction over an original special action is generally not discretionary, provided the special action complaint alleges the factual and legal basis required by a statute.