Rule 16 - [Effective 1/1/2025] Procedure for Stay Requests in Appellate Special Actions(a) Generally. A petitioner may move a reviewing court to stay the decision challenged by special action, subject to the provisions of this rule.(b) Motion in Court That Issued Challenged Decision. Before moving to stay the challenged decision in a reviewing court, the petitioner should move for a stay in the court that issued the decision. Except as provided in (c), a reviewing court has good cause to summarily deny a motion for stay if the petitioner did not first move for a stay in the lower court.(c) Exceptions. A petitioner may move for a stay in a reviewing court without receiving an order on a motion for a stay in the lower court if either: (1) it would be impracticable to move for a stay in the lower court that issued the challenged decision; or(2) the petitioner moved for the stay in the lower court, but that court has not ruled on the motion, and it would be impracticable to wait for an order.(d) Stay on the Court's Initiative. The reviewing court, on its own initiative, may issue a stay of the decision challenged by special action and other related matters as necessary to provide effective relief.(e) Separate Stay Filing in Superior Court and Court of Appeals. A petitioner must file a motion for stay as a document separate from the petition and appendix. Absent extraordinary circumstances, a petitioner should file a motion for stay with the petition and appendix.(f) Stay in the Supreme Court. A party filing a petition for review in the Supreme Court under Rule 20 may file a motion asking the Supreme Court to stay the lower court decision.(g) Stay Conference in Reviewing Court.(1)Superior Court. A petitioner must arrange for a stay conference through the chambers of the assigned judge and notify opposing parties when the court will hear the stay request.(2)Court of Appeals. A petitioner must arrange for a stay conference through the chambers of the presiding judge of the panel to which the case has been assigned and notify opposing parties when the court will hear the stay request.(3)Supreme Court. If a justice orders a stay hearing, the court will contact the parties to arrange a conference.(h) Continued Jurisdiction. Unless the reviewing court issues a stay, the court from which special action relief is sought retains jurisdiction over the case, including those matters as to which relief is sought.Ariz. R. P. Spec. Act. 16
Added August 22, 2024, effective 1/1/2025.