Ariz. R. Civ. App. P. 3

As amended through December 6, 2023

Rule 3 - Suspension of these Rules; Suspension of an Appeal

(a)Suspension of Rules. On its own or on a party's motion, an appellate court--to expedite its decision or for other good cause--may suspend any provision of these Rules in a particular case, except as otherwise provided in Rule 5(b), and may order such proceedings as the court directs.

(b)Suspension of an Appeal. An appellate court for good cause may suspend an appeal and revest jurisdiction in the superior court to allow the superior court to consider and determine specified matters. The appellate court's order suspending an appeal may include other terms and conditions, such as a date certain for automatic reinstatement of the appeal.

Ariz. R. Civi. app. proc. 3

Amended Sept. 2, 2014, effective 1/1/2015.

COMMENT

This rule is based on former Supreme Court Rule 26 and FRAP 2. The primary purpose of Rule 3 is to make clear the power of the appellate courts, in the furtherance of justice, to relieve litigants of the consequences of noncompliance. Schaefer v. Duhame, 65 Ariz. 385, 181 P.2d 628 (1947). However, ARCAP 5(b) prohibits an appellate court from granting an extension of time for filing a notice of appeal.

APPLICATION