Ariz. R. Civ. App. P. 19

As amended through December 6, 2023

Rule 19 - Petition for Transfer

(a)Grounds for Transfer. The Supreme Court may permit the transfer of an appeal pending in the Court of Appeals to the Supreme Court if:

(1) The appeal requests that a decision of the Supreme Court be overruled or qualified;

(2) There are conflicting Court of Appeals decisions concerning an issue on appeal; or

(3) Other extraordinary circumstances justify transfer.

(b)Transfer on Petition of a Party. A party to an appeal that is pending before the Court of Appeals may request the Supreme Court to transfer the appeal by filing a petition with the Supreme Court clerk on or before the date the appeal is at issue under Rule 15(b).

(c)Transfer on Petition by the Court of Appeals. The chief judge of the division of the Court of Appeals in which the appeal is pending may request transfer of the appeal by filing a petition with the Supreme Court at any time after the appeal is at issue under Rule 15(b).

(d)Form, Length, and Service of a Petition. A petition filed under Rule 19(b) or (c) must be no more than 1,400 words, must be in the form required by Rule 4(a) --(c), and must concisely explain why the Supreme Court should take jurisdiction of the appeal. The petitioner must serve a copy of the petition on each of the parties, as provided by Rule 4(f), and must file a certificate of service, as provided by Rule 4(g).

(e)Response to Petition. A party may file a response to a petition to transfer within 5 days after service of the petition. The form, length, and service of a response must be the same as required for a petition under Rule 19(d).

(f)Transfer on Motion of the Supreme Court. On its own motion, the Supreme Court may order the transfer of an appeal pending before the Court of Appeals to the Supreme Court. It also may transfer an appeal filed in the Supreme Court to the Court of Appeals.

(g)No Additional Fees. An appellate court will not charge additional fees for transfers under this Rule.

Ariz. R. Civi. app. proc. 19

Amended April 28, 1983, effective 9/1/1983;6/10/1997, effective 1/1/1998;5/31/2002, effective 6/1/2002;9/2/2014, effective 1/1/2015.

APPLICATION