Ariz. R. P. Spec. Act. 6

As amended through August 22, 2024
Rule 6 - [Effective 1/1/2025] Where to File Original Special Actions
(a) Original Special Actions Brought in the Superior Court.
(1)Public Bodies Generally. An original special action in the Superior Court must be brought in the county where the public body, officer, or person has decided, or should have decided, the matter that is the subject of the special action, except as provided in (a)(2).
(2)State of Arizona, An original special action involving an officer or body of the State of Arizona must be filed in the Superior Court in Maricopa County or the plaintiffs county of residence.
(3)Private Entity. An original special action involving a private entity, must be filed in the county of the principal place of business of such entity. If a private entity has no principal place of business in Arizona, the action may be filed in the Superior Court in Maricopa County or the plaintiffs county of residence.
(b) Original Special Actions Filed in the Court of Appeals. An original special action in the Court of Appeals must be filed in the division containing the county where the action could have been filed under (a) if the action had been filed in the Superior Court. The special action may be transferred to the other division of the Court of Appeals under A.R.S. § 12-120(E).
(c) Dismissal for Improperly Filing in Appellate Court. If an original special action is filed in an appellate court and the action might have been properly initiated in a lower court, the complaint must state the reasons for not filing in the lower court. If the appellate court finds these reasons insufficient, it will dismiss the complaint without prejudice.
(d) Referral to a Master to Resolve Fact Issue. The Court of Appeals and the Supreme Court do not conduct trials in original special actions. If a special action raises a triable issue of fact, an appellate court may designate a master, including a superior court judge or commissioner, to try the issue, subject to returning any unresolved portion of the action to the appellate court after trial.

Ariz. R. P. Spec. Act. 6

Amended August 22, 2024, effective 1/1/2025.