Ariz. R. Civ. App. P. 8

As amended through December 6, 2023

Rule 8 - Appeal and Cross-Appeal-How Taken

(a)Filing a Notice of Appeal. A party to a superior court judgment may take an appeal by filing a notice of appeal with the clerk of the superior court that entered the judgment. The party must file the notice of appeal within the time provided by Rule 9(a).

(b)Filing a Notice of Cross-Appeal. A party to a superior court judgment may take a cross-appeal by filing a notice of cross-appeal with the clerk of the superior court that entered the judgment. The party must file the notice of cross-appeal within the time provided by Rule 9(b).

(c)Content of the Notice of Appeal or Cross-Appeal. The notice of appeal or cross-appeal must:

(1) Include the caption of the case and the superior court case number;

(2) Identify the party or parties taking the appeal or cross-appeal;

(3) Designate the judgment or portion of the judgment from which the party is appealing or cross-appealing;

(4) Identify the court to which the party is appealing; and

(5) Be signed by the attorney for the party that is taking the appeal or cross-appeal, or by the party if the party has no attorney.

Form 1 is a form for the notice of appeal or notice of cross-appeal.

(d)Appellate Court Jurisdiction. Failure of an appellant or cross-appellant to perform an act other than the timely filing a notice of appeal or cross-appeal does not affect the appellate court's jurisdiction, but the failure may be grounds for other appropriate appellate court action, including dismissal of the appeal or cross-appeal.

(e)Payment of Filing Fee. An appealing party must pay the required statutory filing fee to the superior court clerk when filing a notice of appeal or a notice of cross-appeal, unless the party is exempt or a superior court judge has waived or deferred the fee.

(f)Judgment for Jury Fees. A notice of appeal from a judgment also serves as an appeal from any related judgment for jury fees, regardless of whether the notice designates the judgment for those fees.

(g)Joint or Consolidated Appeals or Cross-Appeals. Two or more parties may join in an appeal or cross-appeal from a judgment if they have similar interests and a joinder is practicable. They may join in an appeal or cross-appeal by filing a joint notice of appeal or cross-appeal, and they may then proceed as a single appellant or cross-appellant. On its own, on motion, or by stipulation, an appellate court also may consolidate multiple appeals and cross-appeals.

(h)Superior Court Clerk's Distribution of a Notice of Appeal or Cross-Appeal. Upon the filing of a notice of appeal or cross-appeal, the superior court clerk must promptly distribute a copy of the notice on every party to the superior court judgment. The superior court clerk's notice of distribution must include the filing date of the notice of appeal or cross-appeal, the names of the parties provided with the clerk's notice, and the date and manner of distribution. The death of a party or an attorney for a party will not affect the sufficiency of distribution of the superior court clerk's notice.

Ariz. R. Civi. app. proc. 8

Amended June 10, 1997, effective 1/1/1998;9/2/2014, effective 1/1/2015.

APPLICATION

HISTORICAL NOTE

Source:

Civ.Code 1913, §§ 1234 to 1238.

Rev.Code 1928, §§ 3663, 3664, 3667.

Fed.Rules Civ.Proc., Rule 73(a), 73(b), 74, 28 U.S.C.A.

Code 1939, §§ 21-1803, 21-1807, 21-1818.

Code 1939, Supp.1952, §§ 21-1801, 21-1802.

Rules Civ.Proc., former Rules 72, 73(a) to 73(f), 74.

The November 1, 1977 order of the Supreme Court provides in part: "Provided, however; on any appealable judgment entered before midnight, December 31, 1977, the notice of appeal may be filed within 60 days as provided in Arizona Rules of Civil Procedure, abrogated Rule 73(b). In any appealable judgment entered after midnight, December 31, 1977, the time for appeal shall be governed by these rules."